In the event of separation (marital protective measures) or divorce, the spouse who does not have custody of the child or children is ordered to pay their expenses.
In practice, the amount will in any case be determined by the debt collection office’s minimum, a share of the rent and the health insurance premium.
Depending on the family’s lifestyle and means, other expenses can be added, such as sports, cultural or other activities.
If the spouse with sole custody of the children is unable to provide for his or her own needs, an amount known as the “care contribution” will be added to the amount due for the proper maintenance of the children.
This raises the question of the custodial parent’s obligation to find a job.
Generally speaking, case law holds that until the youngest child has reached school age, the custodial parent cannot be required to find a job.
Then, as soon as the youngest child is at school, he or she may be required to work at a rate of at least 50%, rising to 80% by the time they enter secondary school, then 100% in adulthood.
These rules are not set in stone, however, and need to be analyzed on a case-by-case basis.
If you have any questions on this subject, please do not hesitate to contact a lawyer at de Candolle Avocats.