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Swiss Civil Code

Art. 286a359

2. Short­falls

 

1 If it was pre­vi­ously es­tab­lished in an ap­proved main­ten­ance agree­ment or a de­cision that no main­ten­ance con­tri­bu­tion could be set to provide due main­ten­ance for the child, and should the cir­cum­stances of the par­ent li­able to pay main­ten­ance have since im­proved sub­stan­tially, the child is en­titled to claim pay­ments that were not met by this par­ent dur­ing the pre­vi­ous five years in which pay­ments were owed to provide due main­ten­ance.

2 This claim must be brought with­in one year of it be­ing known that the cir­cum­stances have im­proved sub­stan­tially.

3 This claim passes with all rights to the oth­er par­ent or to the state au­thor­ity in as far as this par­ent or the state au­thor­ity has met the miss­ing share of the due main­ten­ance.

359 In­ser­ted by No I of the FA of 20 March 2015 (Child Main­ten­ance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014529).