Should a woman work or not
"You can't just pass the disadvantages on to women"
According to the decision of the Federal Supreme Court, which was published on September 28, 2018, the so-called school level model is now being used instead of the 10/16 rule. In the event of separation or divorce, this means the following for a parent who has previously been the main carer: From the compulsory school enrollment of the youngest child (depending on the canton, from kindergarten or primary school at around six years of age), he or she must generally work 50 percent of the time. From entering secondary school (around the age of twelve), he has to work 80 percent and from the age of 16 100 percent.
So the 10/16 rule becomes a 6/12/16 rule. According to the Federal Supreme Court, this can be deviated from in individual cases for sufficient reasons. For example, it is taken into account that with four children the remaining extracurricular workload is significantly higher than with just one child. For this reason, employment of 50 or 80 percent, depending on the school level, should not necessarily be expected. A child's disability can also result in an increased burden of care.
In addition, the court must check in each case whether in the specific case - especially if financial resources are scarce - there are adequate external care options so that the main supervisor can be employed earlier.
Update from 09/28/2018
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