What can an unmarried mother get?

What can an unmarried mother get?

"I had a daughter 6 months ago from a relationship that ended shortly before the birth. I wasn't married to the father, but he recognised her. However, he refused to pay a penny, to see her or look after her. I'm in a difficult financial situation because I only work at 60%, while the child's father has a very good income. What can I do to help him?

Claudia, Vernier

The parents' duty to provide maintenance derives from articles 276 et seq. of the Civil Code (CC).

Under article 279 of the Civil Code, a child may bring an action against his or her father or mother, or against both of them together, to claim maintenance for the future and for the year preceding the commencement of the action. To bring an action, a minor child must act through his or her legal representative. This means that you can initiate proceedings on behalf of your daughter in your capacity as holder of parental authority in order to claim a maintenance contribution on her behalf.

Article 285 CC provides that the maintenance contribution must correspond to the needs of the child and the situation and resources of the father and mother; the child's assets and income are taken into account, as well as the participation of the parent who does not have custody of the child in the child's care. This maintenance contribution may be claimed for the future, but also for the year preceding the commencement of proceedings, so that you can recover what is due since the birth of your child if you do not delay taking action.

You should also be aware that the law stipulates in art. 295 CC that the mother may ask the child's father or his heirs, no later than one year after the birth, to compensate her for the costs of childbirth. These include, in particular, the cost of medical and hospital treatment, any costs for care given at home, as well as expenses related to these services. An unmarried mother can therefore obtain compensation in connection with pregnancy and childbirth, provided that a parent-child relationship between the father and child has been established, or is likely to be established, before the court with jurisdiction for paternity proceedings, i.e. the court of the place of residence of the mother or father of the child. Under the same legal provision, you may also bring an action against your daughter's father to claim compensation for the child's first trousseau.

Please note that the time limit for bringing an action for childbirth expenses, compensation and trousseau is one year from the date of birth. On the other hand, there is no time limit for bringing an action for maintenance of the child, but as indicated above, it is not possible to claim more than one year's arrears.