2 Private Law - Civil Procedure - Enforcement - 21 Additional and Implementation Provisions of the Civil Code - 213 Family Law - Section 1: General Provisions [4] (LRACE)

[5] This law governs the assistance in the recovery of maintenance claims pursuant to Articles 131 and 290 of the Swiss Civil Code (CC) of December 10, 1907, and the right to maintenance advance payments within the meaning of Articles 131a and 293 CC.

[6] 1 The Maintenance Contributions Recovery and Advances Office (hereinafter: the office) is responsible for the enforcement of federal regulations, this law, and its implementing provisions.

2. It is the designated specialized office within the meaning of Articles 131 and 290 of the Civil Code.

3. The State Council specifies the execution modalities of this law.

[8] 1 When the debtor neglects their maintenance obligation, the office shall adequately and gratuitously assist the creditor who requests it in obtaining the enforcement of the maintenance contributions.

2. Repealed.

[9] 1 The office acts on behalf of the creditor as a representative or on the basis of a fiduciary assignment.

2. It undertakes all steps it deems necessary for the collection of maintenance contributions.

3. It may represent the creditor before the courts of the canton.

4. It has the right to file a complaint for violation of maintenance obligations pursuant to Article 217, paragraph 2, of the Criminal Code. In such cases, it intervenes as a party with all the rights attached to this status.

[11] 1 When the legal conditions are met, the person entitled to one of the maintenance obligations mentioned in Article 5 may request advances.

2. The Law on the Harmonization and Coordination of Social Benefits (LHaCoPS), dated February 23, 2005 [12], applies particularly to the procedure, the investigation, and the exchange of information.

[13] May entitle one to advances

a) maintenance contributions granted in the event of divorce (Art. 125 and 133 CC), legal separation (Art. 118 CC), provisional measures (Art. 276 of the CPC, of December 19, 2008 [14]), protective measures of the marital union (Art. 173 and 176 CC) or in application of Article 295 CC;

b) maintenance contributions granted in the event of judicial dissolution of the federal registered partnership;

c) maintenance contributions owed to children under Articles 276 and following CC and which are based on a decision by the competent authority or on a legally valid promise.

[15] The State is subrogated to the creditor up to the amount of the advances granted.

[16] The office, or the regional social service desk, has the right to demand all relevant information and documents concerning the financial situation of the creditor and their entitlement to maintenance benefits.

[17] 1 The office may assign the service designated by the Council of State to conduct verifications regarding the conditions for granting advances, the compliance in the use of these advances, or the conditions for the reimbursement of the advances provided under this law.

2. The office and the service responsible for verifications shall exchange information related to the concerned files.

3. The results of the verifications are recorded in a report that the service responsible for the verifications submits to the office that requested the inspection.

4. In the exercise of their functions, the collaborators of the service responsible for verifications have the status of officers of the judicial police.

5. The Council of State determines the conditions and modalities for carrying out the verifications.

[18] 1 The office may suspend or modify the advances when the controls carried out reveal that the conditions for granting are not met and result in a criminal complaint.

2. The suspension is directly enforceable. Any possible appeal does not have a suspensive effect.

3. The right to benefits is reexamined when a final decision is rendered following the criminal complaint.

[19] 1 The Council of State sets the conditions, modalities, limits, and the maximum number of advance monthly payments.

2. The maximum number of advance monthly payments cannot be set below 24 nor above 60.

[20] The repayment of advances granted cannot be demanded from the beneficiaries.

[21]

[22] A provisional payment may be granted even if no maintenance contribution has yet been established, provided that the applicant has taken all reasonable steps to identify the debtor and determine the amount of the maintenance contribution.

[24] Decisions of the Maintenance Contributions Collection and Advances Office may be appealed to the competent department and then to the Cantonal Court, in accordance with the Administrative Procedure Act (APA) of March 18, 2025 [25].

[26] 1 Any person who, intentionally or through negligence

a) has made, orally or in writing, an inaccurate or incomplete declaration in order to obtain or to make a third party obtain advances;

b) has failed, while benefiting from such services, to report to the office, or to the regional social service, a change of circumstances that could lead to their modification;

c) has generally contravened this law or its implementing provisions;

shall be liable to a fine of up to 40,000 francs.

2. Attempt and complicity are punishable.

[28] The net total amount of maintenance contribution advances granted is borne 60% by the State and 40% by all the municipalities.

[29] The portion assigned to the municipalities is distributed among them based on population.

[30] The Council of State establishes the terms for the payment of the communes' share to the State.

[31] The agency has the status of a party, with all the rights attached to this status, in any criminal proceedings dealing with offenses related to unduly received advances.

[33]

[34] The Council of State is responsible for providing, if necessary, after the procedures of the referendum, for the promulgation and execution of this law.

Law promulgated by the Council of State on August 8, 1978.