Child maintenance" refers to the maintenance obligation of parents towards their children. In principle, both parents must 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 of the child's needs (housing, clothing, food, education costs, etc.). If both parents do not form a joint household in which the child lives, the child is entitled to maintenance in the form of cash payments (= alimony) from the parent with whom the child does not live.

Amount of maintenance

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

Age of the child / % of net income

• 0 - 6 years 16
• 6 - 10 years 18
• 10 - 15 years 20
• 15 years and over 22

From these basic percentages, percentages for maintenance obligations for other children and spouses are deducted as follows:

• 1% for each additional child under 10 years of age
• 2% for each additional child over 10 years of age
• 3% for a spouse without income
• 1-2% for a spouse with a 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, bonuses, overtime pay and other income (e.g. from renting). In the case of self-employed persons, the balance sheets of the last three years are used, whereby the individual case is examined here. A further criterion in determining maintenance is the ratio of care time shared 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 obliged to pay maintenance until the child is capable of supporting itself.

Procedure for determining the maintenance obligation

There are two ways to obtain an enforceable maintenance arrangement:

• At the Office for Social Services: an initial maintenance agreement, in which the amount of maintenance can be calculated solely on the basis of the percentage value method, can be drawn up at the Office for Social Services. The maintenance agreement is sent to the district court for approval by the guardianship court. With the approval of the guardianship court, the maintenance agreement becomes legally valid and can be used as an enforcement order in court if necessary.
• At the district court: The district court alone is responsible for determining maintenance, particularly in the event of a change to an existing maintenance agreement, in the event of disagreement and in cases where the percentage value method cannot be applied.

Documents required

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

• Last wage statement (from the previous year)
• Last tax bill
• Insurance policy from the health insurance company
• Proof of any existing maintenance obligations

Assistance in maintenance matters from the Office for Social Services

The child's legal representative can apply to the Office of Social Services for a special guardianship to determine or enforce the child's maintenance claims (see § 212 ABGB). An employee of the Office of Social Services represents the interests of the child in maintenance proceedings in court free of charge. The special guardianship does not restrict custody rights and can be terminated at any time by written application.

Advance maintenance payments

As soon as there is a legally binding court ruling on the amount of maintenance, enforcement can be applied for and the salary or assets can be seized.
If the debt enforcement proceedings are unsuccessful, an application can be made to the district court for an advance on maintenance payments for the child. The maintenance contribution advanced by the state must be repaid by the maintenance debtor. The state treasury is responsible for both paying out and collecting the advances.