Can I reduce the pension paid to my daughter?
Can I reduce the pension paid to my daughter?
"I have a 9-year-old daughter from my first marriage and I pay my ex-wife a pension of CHF 1,100 for her. At the time of the divorce, my ex-wife earned a lot less than she does now, as she had taken further training in the meantime. I've remarried and have three children from my second marriage. Can I ask for a reduction in the pension paid to my daughter?
Marc, Versoix
Under article 285 of the Civil Code (CC), the maintenance contribution must correspond to the child's needs and to the situation and resources of the father and mother; the child's assets and income are taken into account, as well as the contribution of the parent who does not have custody of the child to the child's care.
Under art. 286 CC, the judge may order that the maintenance contribution be increased or reduced if there are specific changes in the child's needs, the father's and mother's resources or the cost of living. The first thing to check is whether the divorce decree provides for possible adjustments to increase or reduce the maintenance contribution.
Furthermore, if the parents reach an agreement, art. 134 para. 3 CC allows them to enter into an agreement concerning the maintenance contribution. The agreement must be ratified by the guardianship authority before it can be binding on the child.
If the judgment does not provide for a sufficient adjustment and the parents are unable to reach an agreement that suits them, they may apply to the court that pronounced their divorce, invoking art. 286 para. 2 CC, which provides that if the situation changes significantly, the court may modify or cancel the maintenance contribution at the request of the father, mother or child. It should be noted that such an action for modification is only possible in the event of a change in the situation that could not have been foreseen on the day of the judgment and that is lasting and significant. In this context, it should be borne in mind that, according to case law, an improvement in the resources of the holder of parental authority is not sufficient to justify a reduction in the contribution owed by the other parent: it is the children who should benefit most from this change in situation, through more favourable living conditions.
