Ordinance on Debt Collection Assistance and Advances for Child Maintenance (Maintenance Advances Ordinance) (Alimentenbevorschussungsverordnung)

1. This regulation governs the jurisdiction, procedure, and requirements for collection assistance for family law maintenance contributions and the advance payment of child support.

1. Persons entitled to alimony payments established by a court or contract within family law have the right to collection assistance in accordance with Articles 39a and 42 of the Swiss Civil Code Implementation Act.

2. Collection assistance is only provided after the maintenance creditor's own efforts to enforce the claims have been unsuccessful.

1. Jurisdiction for collection assistance rests with the municipal council at the civil residence of the person entitled to maintenance.

2. The municipal council shall ensure that it or the entities involved in collection assistance possess extensive knowledge of maintenance law and meet federal legal requirements.

3. The municipal council may delegate the collection assistance, specifically transferring it to a private collection agency.

1. Subject of the Advance Payments

The subject of the advance payments are the ongoing child support payments that become due after the receipt of the signed application and the necessary documents, which are established

a) in a judicial decision regarding child support

b) in an out-of-court child support obligation approved by the competent child protection authority, or

c) in a foreign legal order based on international agreements on child support

2. Child allowances are not advanced.

1. The advances are not social assistance benefits and are provided independently thereof.

2. Advanced maintenance contributions can only be reclaimed from the obligated parent.

1. The maintenance obligation is considered not to have been fulfilled in a timely manner if the entitled person was unable to collect the maintenance contributions due by the time of the application, despite reasonable collection attempts, or was only able to do so partially.

1. Entitled to claim the advance payment is the child or its legal representative, if

a) the child or the parent under whose care the child is, has a legal domicile in a municipality of the Canton of Schaffhausen

b) the child does not have their habitual residence abroad, and

c) the obligated person does not live in the same household with the other parent or with the child

1. The entitlement to advance payment arises for the first time in the month in which the application, accompanied by the necessary documents, is submitted to the executing office and the legal requirements for disbursement are met.

2. The entitlement lasts until the completion of the 25th year of age at the latest.

3. It terminates if at least one of the requirements ceases to exist.

**1. The entitlement to advance payments lapses if one of the following income and asset limits is exceeded:**

a) For the non-obligated single parent

1. CHF 43,570.00 gross income per year plus

2. 20% of the earned annual gross income plus CHF 7,170.00 for each child supported by them

3. CHF 44,980.00 net assets plus

4. CHF 11,250.00 for each child supported by them

5. From the net assets exceeding CHF 22,490.00, 1/15 is added to the income

b) For the non-obligated parent who is married, in a stable cohabitation, or in a registered partnership

1. CHF 59,700.00 annual gross income including partner’s income plus

2. CHF 7,170.00 for each child supported by them plus

3. CHF 6,470.00 per child of the partner if the child is in their custody, or the actual maintenance payments made for children not in their custody

4. CHF 101,190.00 net assets including partner’s assets plus

5. CHF 11,250.00 for each child supported by them or the partner

6. From the net assets exceeding CHF 44,980.00, 1/15 is added to the income

c) For the non-obligated parent living in a shared household and economic community

1. CHF 27,550.00 gross income plus

2. 20% of the earned annual gross income plus

3. CHF 7,170.00 for each child supported by them

4. CHF 44,980.00 net assets plus

5. CHF 11,250.00 for each child supported by them

6. From the net assets exceeding CHF 22,490.00, 1/15 is added to the income

d) For the child

1. CHF 16,870.00 gross income

2. CHF 22,490.00 net assets

3. From the net assets exceeding CHF 22,490.00, 1/15 is credited to the income

**2. The above income and asset limits apply to a consumer price index level of 103.9 points (index level October 2010; base December 2005 = 100). They change as of January 1 of the following year based on the change in the current year's consumer price index, provided this change is at least one percent. The calculation is based on the current year's October index. The responsible department informs the municipalities of the applicable income and asset limits.**

**3. Gross income includes, in particular, earned income before deduction of contributions to mandatory social insurance, child allowances, benefits from private or public insurance, income from assets, as well as family law maintenance contributions received, excluding child maintenance contributions for which advance payment is sought. Public welfare benefits, voluntary contributions from third parties, and scholarships are not considered. The training salary of the minor child entitled to maintenance which exceeds CHF 400.00 per month is credited to the extent it exceeds this amount, half to the gross income of the non-obligated parent.**

1. In exceptional cases, deviations from § 9 may be made in favor of the applicant, particularly when extraordinary financial circumstances (such as high rent, educational or medical expenses, illiquid assets, etc.) are to be taken into account.

1. The Advancement of Funds is Completely or Partially Withdrawn in Cases of Abuse, Particularly When

a) It is reasonable for the child to cover their maintenance fully or partially through their own earnings

b) In a marital protection proceeding or in a decision concerning provisional measures, an order can be enforced against the debtor of the obligor for direct payments (Art. 177 of the Civil Code)

c) The applicant intentionally provides false information

1. Advances will be made on the maintenance contributions specified in the legal title according to § 4 up to the amount of the highest basic orphan's pension of the Federal Old-Age and Survivors Insurance.

2. The advances calculated on an annual basis, together with other income, may not exceed the limit amount resulting from § 9.

3. A claim for advance payment exists only if the individual household unit's entitlement amounts to at least CHF 50.00 per month.

1. If the child is placed in an institution, home, or foster family, the advance payments are made only up to the amount necessary to cover the maintenance costs, including the required incidental expenses, and within the limits set forth in § 12.

1. Where the municipalities do not determine otherwise, the management of the advance payment is the responsibility of the debt collection assistance office at the civil law residence of the child (Art. 42 Introductory Act to the Civil Code).

1. The advance payment of maintenance contributions must be requested by the child or their legal representative. The necessary documents must be provided.

2. The assertion is made by signing a collection power of attorney, authorizing the competent authority to collect the overdue and ongoing maintenance contributions.

3. The maintenance claim, with all rights according to Article 289 paragraph 2 of the Swiss Civil Code (ZGB), is transferred to the municipality.

1. The applicant is obligated to provide truthful information regarding the circumstances essential for the assessment of their application and to spontaneously and promptly inform of any significant changes therein.

2. The applicant is personally liable to repay any unlawfully disbursed advances.

1. Upon reviewing the documents, the advance payment authority shall issue a written decision regarding the provision and extent of the advances.

2. Generally, the advance payment authority shall, ex officio, review after one year whether the conditions for the advance payments are still met and shall issue a new decision.

3. If the advance payment authority becomes aware of a significant change in the relevant circumstances, it shall promptly issue a new decision.

1. The appeal of decisions by the Advance Payment Office to the Municipal Council remains reserved.

2. Against resolutions and decrees of the Municipal Council, the right of appeal to the Government Council is open within the framework of the Municipal Law.

1. The advance payment office shall take all necessary measures to obtain maintenance contributions and ancillary costs from the obligated person.

2. Personnel, material, and process costs shall, insofar as they cannot be recovered from the obligated person, be borne by the municipality.

1. The advances are paid monthly, starting with the maintenance contributions due after the application and the necessary documents have been received, to the legal representative of the child or to the child who has reached the age of majority. To prevent misuse of the funds and when the child is placed outside their own family, payments can be made directly to third parties.

2. Surpluses remaining from the collection of overdue maintenance contributions are to be paid out to the entitled person.

1. Wrongfully received advance payments must be reclaimed by the advance payment office without delay. The statute of limitations is five years. This period begins to run as soon as the competent authority becomes aware of the wrongful receipt.

2. If the obligated person pays advanced maintenance amounts directly to the entitled person, these payments must be reimbursed to the advance payment office. As long as they are not reimbursed, the entitlement to further advances ceases.

1. This regulation shall enter into force on January 1, 2011.

2. It shall be published in the Official Gazette and included in the cantonal collection of laws.