Previous families
A parent's obligations towards children of previous relationships (half-siblings of the children in the case). The tab is enabled in the General tab.
Legal basis:
Art. 276a CC —
obligations towards minor children take priority; obligations towards children of different families must be coordinated
(BGE 137 III 59).
Data to enter
Total of judgments included in Parent data
Bar at the top: shows the amount that is automatically included in the parent's needs (Parent data tab).
Obligations per parent
A separate switch for P1 and for P2. For each previous family, enter:
the former partner's name (for reference only), the monthly amount under the judgment
(cash maintenance + care balancing payment) and the date of the judgment. Several families can be added.
Recommended procedure. Step 1: calculate the other family in Onus Curae (with a judgment amount of 0 or an estimate)
and, once that case is unlocked, read the «Value to pass to the other family» at the bottom of its Previous families tab. Step 2: enter here the monthly judgment amount for each family.
One round is usually enough.
Coordination between families
Coordination with other obligations towards minor children
The system shows how the parent's capacity to pay is shared proportionally between the family in the case and the others,
with the surplus available. It is an indication: the amount owed remains the one in the Result tab. Visible once the result is unlocked.
Simulating a fair allocation
Simulate a fair allocation
Used to assess a change to the earlier judgment
(Art. 286 CC).
Enter the children of the other family (date of birth and the other parent's care share)
and the other parent's estimated monthly net income. Result 2 is an estimate and does not change the result of the case. Visible once the result is unlocked.
Value to pass to the other family
Value to pass to the other family
At the bottom of the tab: the monthly child maintenance the parent pays in this case.
If the other family is also calculated, it is entered there as the «Monthly judgment amount» in its
Previous families tab, under the same parent. Visible once the result is unlocked.