Do children have to support their parents financially?

Where is the duty to support regulated?
The duty to support among relatives is regulated in Article 328 of the Swiss Civil Code. It states: "Anyone living in favorable circumstances is obliged to support relatives in the ascending and descending lines who would be in need without this assistance". At first glance, this duty to support seems quite extensive. It is therefore a good idea to examine the requirements more closely.

Who is liable to support?
The duty to support exists within the family in ascending and descending line. The duty to support therefore goes in both directions and can also include grandparents or grandchildren. However, the support obligation of relatives takes second place to marital or partnership support obligations. Therefore, children do not have to support a parent until the other parent and grandparents have fulfilled their support obligations. Siblings, aunts, uncles and nephews or nieces do not have a support obligation.

When is someone in need?
A person is in financial need when his or her income and pensions, including supplementary benefits to AHV and IV, are not sufficient to cover minimum living costs. A claim for support therefore only arises if the supplementary benefits are also insufficient. As a rule, an emergency situation exists when a person is dependent on social welfare benefits to finance his or her living expenses.

When do I live in favorable circumstances and therefore become liable for support?
A person 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 favorable circumstances. A supplement of CHF 20,000 is granted per child in education. Assets that exceed 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 if they exceed CHF 250,000, and in the case of couples if they exceed CHF 500,000. Assets are included in the calculation of the relevant income by deducting a percentage of the assets from the relevant income. This quota depends on age and ranges between 1/60 for younger 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 favorable 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 exemption limit: CHF 610,000 (CHF 900,000 ./. CHF 250,000 ./. CHF 40,000)
Income: CHF 125'000
Asset surcharge: CHF 15'250 (1/40 of 610'000)
Decisive income: CHF 140'250

The relevant income is above the exemption limit of CHF 140,000. Andreas is therefore considered to be living in favorable circumstances and would have to support his parents.

Little relevance in practice so far
In practice, the relative support is claimed quite rarely. This has to do with the exemption limits described, but also with the fact that social benefits have always been expanded and generally cover minimum needs. A certain reluctance may also be due to the fact that this provision dates back to times when the family unit and not the state was the guarantor of social cushioning. The expansion of the welfare state and the dissolution of family structures characterized by consanguinity may further justify the reluctance.

(This article applies to the situation in Switzerland as of 2023)