Must I pay maintenance if I do not have enough money myself?

To determine at what financial level a person otherwise obliged to pay maintenance must still pay, Swiss law uses minimum living expenses. These must always be covered before maintenance is paid.

Minimum living expenses cover absolutely necessary expenditure. The court starts with the debt-enforcement basic amount plus supplements. The basic amount covers basic needs and is CHF 1'100 for a single person sharing a household and CHF 1'200 for one living alone. Further items are added to obtain the individual's minimum. These are:

 

- Reasonable rent including ancillary costs

- Mandatory health insurance contributions

- Childcare costs

- Transport costs

- Actual work expenses not covered by the employer

- Actual essential illness or disability costs not covered by insurance

- Expenses related to exercising contact rights

 

Adding these amounts gives your personal minimum living expenses. If income is lower, you need not pay maintenance until finances improve. An exception may apply if you deliberately reduced income and could earn more. That higher income would be imputed and maintenance required.

#Maintenance#LegalAdvice#SwissLaw
Written by Samuel Müller
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