Ordinance on the Advancement of Maintenance Payments for Entitled Children - Principle

1. The municipality of the civil law residence provides advances to children entitled to support until they reach the age of 25, if the parents fail to fulfill their support obligations either fully or in a timely manner.

2. The advances do not constitute public assistance to the child and the non-obligated parent.

1. Subject of Advancement: The maintenance contributions of the father or mother, as determined in a judicial decision or in a maintenance agreement pursuant to Article 287 of the Swiss Civil Code (ZGB).

2. Only those maintenance contributions that have become due not more than two months before the submission of the application, but at the earliest from the date of taking up residence, are subject to advancement.

1. Maintenance contributions are advanced up to a maximum amount of 780 Swiss Francs per child per month.

1. The right to advance maintenance payments only exists to the extent that the following income limits are not exceeded together with the advanced maintenance payments

a) * For the non-obligated single parent, an annual income of 46,814 Swiss Francs plus 7,802 Swiss Francs for each additional child entitled to maintenance;

b) * For the non-obligated married parent or parent living in a de facto partnership, an annual net income of 62,419 Swiss Francs, including the partner's income, plus 7,802 Swiss Francs for each additional child entitled to maintenance;

c) * For a half-orphan child, an annual net income of 15,605 Swiss Francs.

2. If the non-obligated parent or their partner is required to provide maintenance for children not under their custody, the income limit is increased by the amount of actual maintenance payments.

3. The portion of the total net assets exceeding the allowance of 78,024 Swiss Francs is added to the income at one-tenth.

1. The relevant net income includes all one-time and recurring earnings, except for the rental value of the property occupied by the owner as a primary residence, reduced by expenses directly related to income generation (production costs, childcare costs, professional expenses according to tax law, etc.) as well as all contributions to social insurances deductible under cantonal tax law.

2. The relevant net assets consist of all movable and immovable assets after deduction of debts.

3. The income and assets of the child are attributed to that of the non-obligated parent.

4. For the interpretation of disputed issues under paragraph 1, the cantonal tax law shall apply accordingly.

1. The rates pursuant to Articles 3 and 4 shall be adjusted by the government every two years at the beginning of the year to reflect changes in the national consumer price index.

1. No entitlement to advance payment exists if

a) the child can reasonably be expected to cover their maintenance from their own earnings or their own resources;

b) the parents live together;

c) the necessary information is withheld;

d) the child resides permanently abroad;

e) the maintenance debtor resides permanently abroad, provided the child does not hold a residence permit.

1. Applications for advances on maintenance contributions must be submitted by the child entitled to maintenance or their legal representative to the municipal authority responsible for the advance payments.

2. The applicant is obligated to provide truthful information regarding the circumstances essential for the assessment of their application.

1. The application must include information regarding the personal details, income, and assets of the child entitled to maintenance, their parents, and any person possibly married to, in a registered partnership with, or in a de facto living arrangement with the non-obligated parent.

2. The application must be accompanied by

a) Legal documents (court judgment, judicial order, settlement, maintenance agreement); for foreign legal documents, an enforcement declaration must additionally be enclosed;

b) Evidence of income and assets of the persons mentioned in paragraph 1;

c) A statement of the arrears in maintenance payments.

3. Any changes to the circumstances outlined in the application (marriage, reaching majority, death, change of employer, income, assets, etc.) must be immediately reported to the municipal authority responsible for the advance payment of maintenance.

1. To the extent of the advances disbursed, the maintenance claim against the parent who fails to fulfill their maintenance obligation is transferred to the municipality. Article 87, Paragraph 1 of the Swiss Code of Obligations (OR) applies accordingly.

1. Advanced maintenance contributions that cannot be obtained from the obligated parent may neither be reclaimed by the child nor by the non-obligated parent, subject to provisions in paragraphs 2 and 3.

2. Improperly received advances must always be reimbursed.

3. If the child inherits from the obligated parent, it must repay the net advances made in the last 20 years before the inheritance, to the extent that it is enriched by the inheritance.

1. The Department of Economic Affairs and Social Welfare issues directives and advises the municipalities in the execution of this ordinance.

1. This Ordinance shall enter into force on January 1, 1987.

2. At that time, the Ordinance on the Advancement of Maintenance Contributions for Minor Children of September 27, 1977, shall be repealed.