Do I have to finance my child's education until the age of 30?

Do I have to finance my child's education until the age of 30?

I'm divorced from the mother of my son, who is now 22 years old and is currently struggling to get through university. He has already failed once and changed courses twice, and he's still not sure he's found his path... The divorce decree obliges me to pay child support beyond the age of majority until he has "completed his education", but what happens if he changes his mind again and starts studying medicine, for example: do I have to continue paying child support and for how much longer?

P. Vaud

In principle, the father's and mother's obligation to provide maintenance lasts until the child reaches the age of majority. However, the Swiss Civil Code provides that if, at the age of 18, the child has not yet received an "appropriate education", the father and mother must support the child until he or she has acquired such an education, provided that the education is completed within the "normal" timeframe, that the parents have the means to provide such support and that the young adult is unable to meet (all) his or her own needs.

As the applicable legal standards contain a number of elements that are open to interpretation, the courts have often had to clarify the legislator's thinking.

The duty to support a child who has reached the age of majority is intended to enable the child to acquire vocational training (e.g. an apprenticeship or university studies), i.e. the knowledge that will enable him or her to earn a living in a field that corresponds to his or her tastes and aptitudes.

While the courts generally consider that a delay of two or three years at the most should be tolerated to allow the child to make up his or her mind about career choices, parents are not obliged to support an eternal student. Studies must therefore be completed within the so-called normal timeframe, which implies that the child must devote himself or herself to them with zeal, or at least with goodwill.

It should be noted that the duty of parents to provide for their offspring may also apply if a young adult who has not received adequate vocational training, but who has been earning a living for some time, temporarily gives up gainful employment to undertake appropriate studies that can be completed within a normal timeframe.

In any case, once the studies have been chosen and begun, failure on its own is not sufficient to release the parent liable for maintenance contributions. On the other hand, a second or third course of study, as well as further or complementary training begun after the successful completion of a first course, are not in principle taken into account, even if they are useful.

You should therefore encourage your son to complete his current studies before starting other courses if you want to be free of your obligations in the not too distant future.