Child support

"Child support" refers to the obligation of parents to support their children. In principle, both parents have to contribute to the maintenance of their child (legitimate and illegitimate) from birth. If parents live with their child in a joint household, they fulfill their maintenance obligation by paying for all the child's needs (housing, clothing, food, education costs, etc.). If both parents do not form a common household in which the child lives, the child is entitled to maintenance in the form of monetary payments (=alimony) to that parent with whom it does not live.

Amount of alimony

The exact amount of alimony is not specified in the law. The amount of the maintenance claim depends on the age of the child, the economic capacity of the person obliged to pay maintenance as well as their other maintenance obligations. In Liechtenstein, the so-called percentage value method is generally used to determine the amount of maintenance. The percentage value method serves as a guide. The following rates apply, which are used as a measurement:

Age of the child   /   % of net income

•  0 - 6 years                16
•  6 - 10 years              18
• 10 - 15 years             20
• From 15 years                22

From these base percentages, percentages shall be deducted for support obligations for additional children and spouses as follows:

• 1% for each additional child under 10 years of age
• 2%  for each additional child over 10 years
• 3%   for a spouse with no income
• 1-2% for a spouse with low income
• 0%   for a spouse with a higher income

The net income of the person liable for maintenance includes earned income after deduction of taxes and social security contributions, gratuity, overtime pay and other income (for example, from rent). In the case of self-employed persons, the balance sheets of the last three years are used, whereby the individual case is examined here. Another criterion in determining the maintenance is the ratio of the division of care times between the parents.

Duration of the maintenance obligation

The duration of the maintenance obligation is not tied to a specific age of the child. Both parents are obligated to support until the child is capable of self-support

Procedure for determining the obligation to pay maintenance

There are two ways to obtain an executable child support order:

• At the Office of Social Services:
• A first-time child support agreement, in which the amount of child support can be calculated solely on the basis of the percentage value method, can be prepared at the Office of Social Services. The child support agreement shall be forwarded to the district court for guardianship court approval. With the guardianship court approval, the maintenance agreement becomes legally valid and can be used as an execution order in court if necessary.
• In the district court: Especially in the case of modification of an existing maintenance agreement, in the case of disagreement, as well as in cases where the percentage value method can not be applied, the district court alone is responsible for determining the maintenance.

Required documents

As a rule, the following documents are required from the person liable for maintenance:

• Last wage statement (from the previous year)
• Last tax bill
• Health insurance policy
• Documents regarding any existing maintenance obligations

Assistance in maintenance matters by the Office of Social Services

For the determination or enforcement of the child's maintenance claims, the legal representative of the child can apply to the Office of Social Services for a special guardianship (see § 212 ABGB). In this case, an employee of the Office for Social Services represents the interests of the child in the maintenance proceedings before the court free of charge. The special guardianship does not restrict the right of custody and can be terminated at any time by written application.

Anticipated Maintenance

Once there is a final court judgment on the amount of child support, an application for enforcement can be filed and thus the salary or assets can be attached.
If the enforcement proceedings remain unsuccessful, an application can be made to the district court for advance maintenance payments for the child. The child support contribution advanced by the Land must be repaid by the debtor of the child support. Both the payment and the collection of the advances are the responsibility of the Land Treasury.