In 2014, Parliament, at the behest of the Federal Council, was to decide on a revision of maintenance law. We have our own detailed vision of what a modern, simple, yet fair maintenance law should look like.
The basic principle is as simple as it is obvious: A child has two parents, and both are fundamentally equally responsible for all matters concerning their child(ren) – be it the need for care, upbringing, accommodation, food, clothing, or health.
This generally results in each parent having a 50% responsibility for the care and support of their child. However, this does not mean that all parents should automatically adopt a shared custody arrangement – only those who wish to do so. For those who cannot or do not wish to do so, the 50% obligation serves as the basis for calculating the compensation payment to the parent who provides more care than required. In other words, the parent who provides less care or does not provide the required amount is liable for payment.
This model takes into account not only the desire and obligation of many parents for a close relationship with their children, but also the necessity of employment – including for mothers, who are often still relegated to the role of childcare provider. In contrast to the dirigiste model of current legal practice (which is to remain in effect – and even be tightened – even after the revision), our approach is non-sexist: it neither cements the breadwinner role for fathers, nor does it turn mothers into dependent recipients of alimony (and possibly even social assistance).
We have prepared detailed proposals for the current revision. These can be found in the following documents:
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