Cross-Border Alimony Switzerland-France — Calculation, Currency, Enforcement

Child alimony or spousal alimony is already complex in domestic Swiss law. In a cross-border Swiss-French context, three further questions arise : which law applies, in which currency to set the alimony, and how to enforce the decision once rendered ? This guide sets out the technical rules and Geneva practice as at 2026.

1. Applicable law — 2007 Hague Protocol

The Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations points to the law of the creditor’s habitual residence (child or ex-spouse claiming alimony). That law determines entitlement, amount, term and adjustment.

In practice :

• A child living in Geneva benefits from Swiss law (Federal Supreme Court method, Geneva insolvency standards).
• A child living in France is subject to French law (Ministry of Justice reference tables, lump-sum method). A Swiss court with jurisdiction applies French law.
• A creditor ex-spouse residing in Geneva benefits from Swiss law (art. 125 CC). One in Annemasse, French law.

Switzerland not being an EU member, EU Regulation 4/2009 on maintenance obligations does not apply. Recognition and enforcement between Switzerland and EU States is governed by the revised Lugano Convention for spousal alimony and by the 2007 Hague Convention for child support.

2. Calculation under Federal Supreme Court method (ATF 147 III 265)

Since the landmark judgment ATF 147 III 265 of 11 November 2020 and follow-up decisions, a single method is mandatory : “extended minimum subsistence with surplus distribution” (two-step method). All previous methods (Zurich, percentages, mixed methods) are excluded.

2.1 Step 1 — Extended minimum subsistence

For each family member :

• Base amount under cantonal insolvency standards (NI). Geneva 2026 : approximately CHF 1,200 per month for a single person, CHF 1,350 for a single parent, CHF 1,700 for a married couple,
• Child supplements : approximately CHF 400 per child up to 10 years, CHF 600 from 10 years (annually adjusted),
• Reasonable effective costs : rent (share of the person), LAMal health insurance premiums (less any subsidy), unreimbursed medical costs, work-related transport, childcare costs,
• Current taxes : effectively due income tax (for a commuter, Geneva source tax minus any French refund).

2.2 Step 2 — Surplus distribution

Once the total extended minimum subsistence is calculated, it is subtracted from available net income. The surplus is distributed by “big heads / small heads” : each adult = 2 shares, each child = 1 share. Each creditor’s alimony consists of their minimum subsistence plus their surplus share.

2.3 Geneva minimum subsistence table — 2026

These amounts serve LP minimum subsistence (art. 93 LP). The “extended” minimum subsistence of family law adds rent, health insurance, taxes and other reasonable charges.

3. The cross-border commuter case

3.1 CHF income, EUR expenses

A commuter earns in CHF but pays rent, groceries and (partly) taxes in EUR. For alimony calculation : income is taken in CHF after Geneva source tax, EUR expenses are converted to CHF at the average rate over the relevant period (typically the last 12 months).

3.2 Source taxation — which net ?

For a Geneva-source-taxed commuter : net salary after source tax = base income. If subsequent ordinary taxation produces a refund or supplement, real income is adjusted.

For a Vaud commuter earning in Geneva but taxed in France (1983 bilateral agreement, applicable to certain cantons), we use the net salary minus French tax actually paid.

3.3 Conversion at judgment vs payment

If alimony is set in CHF, the debtor pays in CHF — the creditor bears exchange-rate risk if converting to EUR. If alimony is set in EUR, the debtor pays in EUR — they bear the risk. Currency choice is a major strategic decision.

3.4 Indexation

An indexation clause to the Swiss Consumer Price Index is generally inserted. It prevents alimony erosion through inflation. For an alimony set in EUR, indexation to the French CPI is more coherent.

4. Enforcement and cross-border recovery

4.1 Swiss side — SCARPA and notice to debtors

If alimony goes unpaid, the Geneva creditor has multiple tools :

• Notice to debtors (art. 132 CC, art. 291 CC) : the judge orders the employer to pay the creditor directly the portion of salary corresponding to the alimony. Most effective tool against a salaried debtor.
• SCARPA (cantonal alimony advance and recovery service) : for child alimony, SCARPA can advance unpaid alimony and pursue recovery. Income conditions apply.
• Ordinary debt enforcement (LP) : payment order, wage garnishment (art. 93 LP) or attachment of Swiss bank accounts.
• Criminal complaint (art. 217 SCC) : breach of maintenance obligation, complaint-driven, pecuniary penalty or imprisonment up to three years.

4.2 French side — ARIPA and exequatur

To enforce a Swiss judgment in France :

• For child alimony : the 2007 Hague Convention on the international recovery of child support enables a simplified procedure via central authorities. No classic exequatur needed.
• For spousal alimony : the revised Lugano Convention applies. A declaration of enforceability in France is needed, but the procedure is relatively swift (a few months).
• ARIPA : French agency for recovery of unpaid alimony. It can act including against a debtor residing in Switzerland, through cooperation with the FOJ.

5. Five common mistakes

• Confusing Swiss net with French net : using gross or pre-source-tax net distorts the entire calculation.
• Forgetting indexation : alimony without indexation loses 1-2 % of purchasing power per year.
• Choosing the wrong currency : CHF alimony for a creditor living in France exposes them to exchange-rate risk ; EUR alimony for a CHF- earning debtor shifts that risk.
• Underestimating extended minimum subsistence : omitting taxes or LAMal premiums leads to unrealistic alimony.
• Waiting too long against unpaid arrears : three months of arrears already warrants immediate SCARPA referral and notice to debtors.

Next steps

A cross-border alimony calculation requires binational tax analysis and precise reading of Swiss payslips. An initial consultation at CHF 50 (30 minutes) provides indicative quantification and identifies pitfalls specific to your file.

See also : Cross-border divorce in Geneva · Binational children joint custody