My son lives with me. What about his pension?
My son lives with me. What about his pension?
"I'm divorced and my son moved in with me some time ago. I've enrolled him in a local school. Should I continue to pay the child support I used to pay his mother when he was living with her?
Jalil, Geneva
The father and mother must provide for the maintenance of the child and bear the costs of his or her education and training. This contribution is determined on the basis of the child's needs in terms of food, clothing, accommodation, etc. It should be noted that the extent of these needs varies with the age of the child. Where parents and children live together, the contribution is made in kind; however, where this is not the case, 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.
The amount of this contribution is set by the judge, in particular the divorce judge, when deciding on the award of custody (article 133 of the Civil Code).
If this was the case during your divorce, but your son is now living with you, this maintenance contribution is no longer justified, as you contribute daily and in kind to his maintenance and provide him with care and education. This means that your family situation has changed significantly, which means that you can apply to the divorce court to have the maintenance contribution under article 286 para. 2 CC abolished and to have custody formally awarded to you, or even to set a contribution to be paid by your son's mother.
You may also conclude an agreement with your ex-wife awarding you custody and setting the amount of the contribution she will now have to pay you. This agreement must be approved by the guardianship authority.
It should also be noted that the maintenance contribution cannot be modified if it has been excluded from the outset by agreement or if a one-off payment has been agreed.
