Where is the obligation to provide support regulated?
The duty of support among relatives is regulated in Article 328 of the Swiss Civil Code. It states: "Anyone living in favourable circumstances is obliged to support relatives in the ascending and descending line who would be in need without this assistance". At first glance, this obligation to provide support seems quite extensive. It is therefore a good idea to examine the requirements more closely.
Who is obliged to provide support?
The obligation to provide support exists within the family in both ascending and descending lines. The obligation to provide support therefore extends in both directions and can also include grandparents or grandchildren. However, the obligation to support relatives takes precedence over marital or partner support obligations. Children therefore only have to support one parent once the other parent and the grandparents have fulfilled their support obligations. Siblings, aunts, uncles and nephews or nieces have no obligation to provide support.
When is someone in need?
A person is financially in need if their income and pensions, including supplementary benefits to AHV and IV, are not sufficient to cover the minimum cost of living. A claim for support therefore only arises if the supplementary benefits are also insufficient. An emergency situation generally exists if a person is dependent on social welfare benefits to finance their living expenses.
When do I live in favourable circumstances and therefore become liable for support?
Anyone who earns more than CHF 120,000 as a single person or more than CHF 180,000 as a married couple or couple in a registered partnership lives in favourable circumstances. A supplement of CHF 20,000 is granted per child in education. Assets above certain exemption limits are also included in the calculation of the relevant income. In the case of single persons, assets are only included in the calculation of the relevant income from CHF 250,000 and in the case of couples only from CHF 500,000. Inclusion takes place by offsetting a proportion of the assets against the relevant income. This ratio depends on age and varies between 1/60 for younger people and 1/20 for older people. There is also a surcharge per child for assets. This amounts to CHF 40,000.
Calculation example
Andreas is 49 years old, single, has one child in education, earns CHF 125,000 and has assets of CHF 900,000. Andreas lives in favourable circumstances and is liable for support. This results from the following calculation:
| Exemption limit income: | CHF 140,000 (incl. child supplement of CHF 20,000) |
| Assets above the exemption limit: | CHF 610,000 (CHF 900,000 ./. CHF 250,000 ./. CHF 40,000) |
| Income: | CHF 125,000 |
| Wealth supplement: | CHF 15,250 (1/40 of 610,000 |
| Relevant income: | CHF 140,250 |
The relevant income is above the exemption limit of CHF 140,000. Andreas is therefore considered to be living in favourable circumstances and would have to support his parents.
Little relevance in practice so far
In practice, support for relatives is rarely claimed. This has to do with the exemption limits described above, but also with the fact that social benefits have always been expanded and generally cover the minimum requirements. A certain reluctance may also be due to the fact that this provision dates back to times when the family and not the state was the guarantor of social cushioning. The expansion of the welfare state and the dissolution of family structures characterised by kinship may further justify this reluctance.
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