Divorce law, dependent children and alimony

Divorce law, dependent children and alimony

"I'm separated under protective measures. I have custody of the two children, but my husband is not required to pay any financial contribution unless he earns more than a certain amount. The divorce should be finalized soon. When do I have to apply for a higher amount and to which authority? Aren't alimony payments compulsory?

Hariet, Geneva

To obtain a contribution of maintenance, you will have to apply to the judge of first instance in charge of your divorce.

At the time of the divorce, the judge will separate the contribution due, where applicable, to the spouse from the contribution(s) due for the maintenance of the child(ren).

The basic principle of the divorce law that came into force on 1 January 2000, and which is enshrined in case law, is that each spouse must, after the divorce, provide for his or her own needs as far as possible and be encouraged to become economically independent. However, according to article 125 of the Civil Code, if a spouse cannot reasonably be expected to provide for his or her own maintenance and appropriate retirement provision, his or her spouse must make an equitable contribution, taking into account in particular the duration of the marriage, the division of tasks during it, the spouses' income and assets, as well as their standard of living, age and state of health. The judge will also take into account the extent and duration of childcare that still needs to be provided, as well as the professional training and earning prospects of each spouse.

The father and mother must provide for the maintenance of their children and bear the costs of their education and training. This contribution is determined on the basis of the child's needs in terms of food, clothing, accommodation, etc. The parent who does not live with the child must make his or her contribution to the child's needs in the form of money. You can therefore ask the same judge to set the amount of this contribution.