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Old 07.03.2019, 22:39
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Unmarried parents & paternity recognition: how does family allowance work?

Both parents EU, live together in Zug, both work. Unmarried, first child on its way.


We'll go to do the paternity recognition and joint custody next week and thought to ask before I go there.


How is it decided who gets the child allowance if the parents are unmarried? I know about the rules described here but do they also count for unmarried couples or do they get to decide which one of the two can apply for it?


I ask because based on the rules the mother should claim. But if the father could claim, his employer would also pay family allowance on top of child allowance which is a lot of money. Are you allowed to decide yourselves if unmarried? Can't find this bit anywhere.
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Old 07.03.2019, 23:44
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Re: Unmarried parents & paternity recognition: how does family allowance work?

It makes no difference to being married.
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Old 08.03.2019, 09:57
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Re: Unmarried parents & paternity recognition: how does family allowance work?

Hi been there, done that
Congratulations upon your new arrival.

Here is what will happen:

First:
Signing the form where the father accepts paternity of the child.
Second:
A So called UNTERHALTSVERTRAG will be drawn up, regardless if you live together, regardless if you share the finances. This will be made and signed and in there is written for example, how much maintenance is/ should be paid and a few other things in regard to rearing the child.
It may sound harsh now, to think about this at all. But you never know what live will bring and how things are turning out. I am speaking of my own experience here. So, this contract is also a kind of security for mother and child should things ever, not that I’d wish that to happen, go haywire.
There is, a difference whether you are married or not in regard to this kind of thing.
Third:
The child/family allowance thing. You can decide yourself who will claim them.
The other party’s employer, e.g. the non-claiming parent will then be required maybe just once or yearly, depending on the employer, to send in a signed form or short letter, stating that you DO NOT get the allowance (Kinderzulage/Familienzulage). This is for the ‘AUSGLEICHSKASSE’ the employer is connected to.
Fourth:
TAXES! Consider that the alimony paying parent can deduct the amount he/she pays and the alimony receiving parent has to declare them as income and pay taxes on that amount.

Fifth:
Another thing that sounds very harsh now, but with how things work in Switzerland again you’d better be prepared.
As you are unmarried, should anything happen to one parent (fatality), it would be a very good thing to draw up a signed paper (best with a notary) that the surviving parent then gets custody of the child. With the KESB now in charge of such things, of course’ they’d see to leave the kiddo with the surviving parent, but it is NOT GUARANTEED! Sadly so.

HTH

EE
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Old 08.03.2019, 10:10
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Re: Unmarried parents & paternity recognition: how does family allowance work?

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Hi been there, done that
Congratulations upon your new arrival.

Here is what will happen:

First:
Signing the form where the father accepts paternity of the child.
Second:
A So called UNTERHALTSVERTRAG will be drawn up, regardless if you live together, regardless if you share the finances. This will be made and signed and in there is written for example, how much maintenance is/ should be paid and a few other things in regard to rearing the child.
It may sound harsh now, to think about this at all. But you never know what live will bring and how things are turning out. I am speaking of my own experience here. So, this contract is also a kind of security for mother and child should things ever, not that I’d wish that to happen, go haywire.
There is, a difference whether you are married or not in regard to this kind of thing.
Third:
The child/family allowance thing. You can decide yourself who will claim them.
The other party’s employer, e.g. the non-claiming parent will then be required maybe just once or yearly, depending on the employer, to send in a signed form or short letter, stating that you DO NOT get the allowance (Kinderzulage/Familienzulage). This is for the ‘AUSGLEICHSKASSE’ the employer is connected to.
Fourth:
TAXES! Consider that the alimony paying parent can deduct the amount he/she pays and the alimony receiving parent has to declare them as income and pay taxes on that amount.

Fifth:
Another thing that sounds very harsh now, but with how things work in Switzerland again you’d better be prepared.
As you are unmarried, should anything happen to one parent (fatality), it would be a very good thing to draw up a signed paper (best with a notary) that the surviving parent then gets custody of the child. With the KESB now in charge of such things, of course’ they’d see to leave the kiddo with the surviving parent, but it is NOT GUARANTEED! Sadly so.

HTH

EE
Hi EastEnders,


Thanks so much for this info, this is what I needed.


From my research I was expecting to sign the paternity acknowledgement and the joint custody forms together with my partner at the same time but this maintenance contract was something that I didn't understand.


1) Are the terms for the UNTERHALTSVERTRAG already provided by them and you just sign or do they expect us to dictate what we want?


2) So we are free to choose who claims child allowance? Is that something that we need to do while in the Civil office and sign it or just later when the time comes to make the claim? It's be perfect if we can choose as if I claim we get both child and family allowance as my employer is very generous while mother's employer has only child allowance.


Thanks a lot for all the help already!
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Old 08.03.2019, 10:40
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Re: Unmarried parents & paternity recognition: how does family allowance work?

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1) Are the terms for the UNTERHALTSVERTRAG already provided by them and you just sign or do they expect us to dictate what we want?


2) So we are free to choose who claims child allowance? Is that something that we need to do while in the Civil office and sign it or just later when the time comes to make the claim? It's be perfect if we can choose as if I claim we get both child and family allowance as my employer is very generous while mother's employer has only child allowance.

You are welcome

Since it is a while ago for myself.....I don't know whether it changed by now. But in my case they had prepared forms and they only had to add in some details.

Such as the amount of money per month that should be paid towards the child upbringing.

I don't know whether it is nationwide or just for my Canton of Berne. In general here, the father has to pay 17% of his net income for one child and 27% for two. This will be put into that contract, then such stuff as visiting times (in case of separation/separated parents).

But I just realised, you are for now going on an appointment with the civil office (Zivilstandsamt) there it is just the recognition of the child. All that other red tape malarkey surrounding it, is AFAIK now the KESB's responsibility to draw up those papers. This is NOT happening at the Zivilstandsamt.

In my case back then, I had to attend appointments at the social services, family bureau as it was them that were responisble for that kind of thing....which is now the KESB. But all this is a just a formality, so no need to be worried.

I am a bit pressed for time now, but I will try to look up the requirements in Kt.Zug when I can.
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Old 08.03.2019, 13:16
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Re: Unmarried parents & paternity recognition: how does family allowance work?

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You are welcome

Since it is a while ago for myself.....I don't know whether it changed by now. But in my case they had prepared forms and they only had to add in some details.

Such as the amount of money per month that should be paid towards the child upbringing.

I don't know whether it is nationwide or just for my Canton of Berne. In general here, the father has to pay 17% of his net income for one child and 27% for two. This will be put into that contract, then such stuff as visiting times (in case of separation/separated parents).

But I just realised, you are for now going on an appointment with the civil office (Zivilstandsamt) there it is just the recognition of the child. All that other red tape malarkey surrounding it, is AFAIK now the KESB's responsibility to draw up those papers. This is NOT happening at the Zivilstandsamt.

In my case back then, I had to attend appointments at the social services, family bureau as it was them that were responisble for that kind of thing....which is now the KESB. But all this is a just a formality, so no need to be worried.

I am a bit pressed for time now, but I will try to look up the requirements in Kt.Zug when I can.
Zivilstandsamt had us sign one extra completely pre-made paper that took care of all that stuff relevant when not in a divorce. We only once in the beginning had a contact with KESB where they said all is fine and just give us the fathers name when registration is done. Never heard of them again. The birth was 3 yrs ago, my registration as the father one yr ago (yeah, gotta love Swiss bureaucracy...) I recognise hardly anything from your story.
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Old 08.05.2019, 14:25
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Re: Unmarried parents & paternity recognition: how does family allowance work?

I can't find any details anywhere of what happens if the parents are unmarried. In our case, it will play a huge difference as my employer provides an additional 3000 family allowance on top of the child allowance but my wife's doesn't.


If we were married it's clear the mother would claim as she works on the canton we live and I don't and we would lose that extra 3000chf. But since we're both single in the form I am filling in, I wonder if we can choose who applies like Eastenders mentioned.

I just can't find any relevant article that mentions unmarried couples.
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Old 08.05.2019, 15:03
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Re: Unmarried parents & paternity recognition: how does family allowance work?

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I can't find any details anywhere of what happens if the parents are unmarried. In our case, it will play a huge difference as my employer provides an additional 3000 family allowance on top of the child allowance but my wife's doesn't.


If we were married it's clear the mother would claim as she works on the canton we live and I don't and we would lose that extra 3000chf. But since we're both single in the form I am filling in, I wonder if we can choose who applies like Eastenders mentioned.

I just can't find any relevant article that mentions unmarried couples.
Marriage is only to make it easier to define that you have a shared household. If you live together with the kids in one household and you are both legal caretakers there will also be no doubt that you have a shared household, since the mother works in the canton where you live and you don't it will be her employer providing the child allowance due to the legal order of which employer has to pay.

As for the 3.000,- from your employer just read the rules and maybe there is a possibility, if not you are just in bad luck.
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Old 08.05.2019, 16:12
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Re: Unmarried parents & paternity recognition: how does family allowance work?

The rules do not seem to mention marriage/non-marriage:

Quote:
What happens if several persons meet the conditions for receiving family allowances?

Only one allowance may be paid for each child. If several persons meet the requirements for receiving family allowances, the entitlement is based on the following order of precedence, which applies not only between mother and father but also to other entitled persons:

1. the employed person;

2. the person who has parental custody or who has held it until the child reached the age of majority;

3. in the case of joint parental custody or if none of the persons entitled has parental custody, the person predominantly living with the child or living until he or she comes of age shall be primarily entitled; in the event of separation or divorce, therefore, the person primarily entitled shall be the person caring for the child with him or her;

4. if both eligible persons live with the child, priority shall be given to those who work in the child's canton of residence;

5. if both or none of the eligible persons work in the child's canton of residence, the family allowance shall be paid to the person who has the higher AHV-liable income from gainful employment. If no one receives income from gainful employment, priority shall be given to those who receive the higher income from self-employment.

The second person entitled to the benefit is entitled to the corresponding difference if the statutory family allowances are higher in his/her canton than in the canton in which the family allowances are primarily paid. In the case of inactive persons, there is no entitlement to Differential payment.
Translated with www.DeepL.com/Translator
https://www.ahv-iv.ch/p/6.08.d

Given the provided details, the tie breaker seems to be 4, which means the the mother has to claim allowance.
Still check with the HR of your employer if you are eligible for the extra family allowance.
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