School Level Model of Gainful Occupational Activity for a Parent Entrusted with the Care of the Mutual Children

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Separation?  Am I allowed to work  / or do I have to increase my gainful occupational activities to relieve the other spouse of maintenance costs?

We have recently separated and have two mutual children (2 years and 5 years of age). I  have not worked since the birth of our first child. Now, when we discussed  my husband's financial support, he said that I now have to go back to work too. Is that true?

When assessing the reasonableness of gainful employment in the case of childcare obligations, in the event of disagreement between the parents after a separation, in a first phase, the care model lived during the marriage is to be taken as a basis. This also applies for a certain time after the separation (continuity principle). The Swiss Federal Supreme Court does not specify exactly how long this first phase lasts. It makes this dependent on the timescale of the employment upon resumption of gainful employment, as well as on the financial situation  of the parents. The transitional period should be as generous as possible.

Afterwards, according to the existent case law, the so-called Scale Model of Gainful Occupation  will be  applied by the court for the rest of the time.

Accordingly, to formulate  a guideline in such matters, which can  deviate from case to case  for adequately sufficient reasons, the following timescale of gainful employment can normally be adjudicated by the court  for  the main caring parent:

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1. 50% gainful employment from the date  of compulsory schooling of the youngest child (usually 4 years in Canton Zurich).

2. 80% gainful employment from the date the youngest child enters secondary school (usually 12 years in Canton Zurich).

3. 100% gainful employment from the date of the age of 16 of the youngest child.

 

In addition, the Scale Model of Gainful Occupational Activity  presupposes the existence- and  availability -of a third-party childcare service (especially for midday meals ), which thus in fact  permit the pursuit of gainful employment. In addition, the actual possibility of gainful employment will  be examined judicially in each individual case on the basis of the usual criteria (health, education, age, language, labour market, etc.).

 

According to the above explanation , you generally do not have to return to work at a 50% workload until your youngest child starts compulsory schooling.