Facts

A. (1969) and B. (1972) married in 1996 and separated in early 2014. They have the common children C. (1997), D. (1999), E. (2002) and F. (2004). In the divorce proceedings, the three older children were placed under the father's custody and F. under the alternating custody of the parents.

The Federal Supreme Court had to assess, among other things, the question of the reasonableness of gainful employment for the mother as the parent with custody. This involved the interpretation and application of the new provisions on maintenance for the parent with custody, which entered into force on January 1, 2017.

Considerations

The Federal Supreme Court states that the previous pluralism of methods in setting maintenance contributions is no longer viable for the future. Instead, it develops binding guidelines for the reasonableness of gainful employment of the parent with custody:

  • From the start of compulsory schooling of the youngest child, the parent with custody can be expected to work 50%.
  • From the entry of the youngest child into secondary school I, a 80% employment can be expected.
  • From the age of 16 of the youngest child, full-time employment can be expected.
  • The court can deviate from these guidelines in…