The Federal Council's proposal to reorganize maintenance payments for children has reached the National Council's legal committee. After the consultation, there were hardly any changes compared to his first idea - and certainly no improvements. However, during the deliberations of the Legal Commission, we had the opportunity to present our ideas for a simple and fair regulation of child support in this body.
The GeCoBi proposal for the regulation of child maintenance represents the practical implementation of the principle of joint parenthood. It is based on the simple fact that a child basically has two parents who are obliged to care for it. Due to the prohibition of discrimination in the constitution, these two parents also have the same rights and obligations - particularly in relation to the duty of care and the right to work. This results in a half obligation to pay for the child's needs for care and maintenance. Of course, not all parents want or can (yet) live a half-care model. However, this represents an excellent starting point for negotiations in order to arrive at solutions that are acceptable but individually tailored to the parents.
Recommendations to the Legal Commission
In this paper we present the concrete implementation of our approach. It contains numerous calculation examples for typical separation cases. They all prove the practical feasibility of our approach.
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