Should you help your parents?

Should you help your parents?

"Someone told me that I'd have to pay a maintenance contribution to my parents if they needed it. As my parents have hardly taken any care of me, I wouldn't find such a prospect at all amusing. Can you shed some light on this for me?"

Corinne, Grand-Saconnex

It is true that when we talk about maintenance contributions, we generally think of the contribution owed to a child by the parent who did not obtain custody at the time of the divorce, or the "pension" paid to an ex-spouse. However, the maintenance contribution should not be understood in this sense alone.

Everyone is obliged to help their parents if they are in need, as long as the child owed this assistance lives comfortably and the maintenance contribution does not result in the child being in need. Only the parents listed in article 328 of the Civil Code are entitled to maintenance payments: these are parents in the direct ascending and descending line and not other family members such as brothers and sisters.

To be eligible for such assistance, the parent must no longer be able to support him or herself by his or her own means. A person in need who shows good will to get by is entitled to assistance, even if they are in this situation through their own fault.

The right to support includes, in principle, the provision of food, clothing and accommodation, as well as medical care and medication in the event of illness. Support for drug addicts may include treatment in an institution. The necessary benefits must at least cover the creditor's subsistence minimum calculated according to the rules of debt collection law, but are no more extensive than those of social assistance.

The obligation to provide maintenance cannot be imposed on someone who would be destitute if they were subject to this obligation, but only on someone who is well off, i.e. someone whose resources enable them not only to meet the necessary expenses, but also to be able to continue to lead a comfortable lifestyle while making the required contribution, which also presupposes expenses that make life more pleasant. The maintenance debtor may even be required to use up his or her assets, unless, like old-age provision, these need to remain intact in order to secure his or her livelihood in the long term.

The person who intends to claim such a contribution must bring an action for maintenance against the debtors in the order of their inheritance rights. If there is more than one possible debtor, the one whose ability to contribute is doubtful is discharged when another can live comfortably and still provide the necessary maintenance to the claimant. If, due to particular circumstances, it seems unfair to require a debtor to meet his or her obligations, the judge may reduce or cancel the maintenance debt.