View Single Post
  #37  
Old 29.04.2020, 03:16
doropfiz doropfiz is offline
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 7,955
Groaned at 94 Times in 75 Posts
Thanked 12,301 Times in 4,988 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
Re: lohnpfändung - minimum amount, family abroad

This link, also from the Beobachter (to which Edwin already linked, above) gives a bit more detail of how the amounts for the Lohnpfändung are calculated. http://www.srfcdn.ch/radio/modules/d...npfaendung.pdf

Some of the extra expenses which could possibly be considered include, amongst others:
Unterstützungs- und Unterhaltsbeiträge
(dazu gehören rechtlich und moralisch geschuldete Leistungen, die der Schuldner an nicht in seinem Haushalt lebende Personen nachweisbar geleistet hat und während der Lohnpfändung weiter leistet)
 Schulkosten der Kinder (Schulgeld, Material, Verpflegung, Fahrauslagen)
 Abzahlung von Miete oder Leasing bis zur ordentlichen Vertragserfüllung
 weitere notwendige Auslagen für Arzt, Zahnarzt, Medikamente, Betreuung und Pflege von Familienangehörigen, Wohnungswechsel und anderes.


from deepl
Support and maintenance contributions
(this includes legally and morally owed payments which the debtor has demonstrably made to persons not living in his household and continues to make during the attachment of wages)
 School costs of the children (school fees, materials, food, travel expenses)
 Payment of rent or leasing until the regular fulfilment of the contract
 other necessary expenses for doctor, dentist, medication, care and nursing of family members, change of residence and others
I found it surprising and rather pleasing that this list includes not only those payments that are legally due, but also those that are morally due.

There simply is only one way to avoid providing thorough documentation; just live with the restrictions (horrible as that prospect is). Indeed, if you are found to have withheld information about any parts of your income or assets, this will count against you.

However, an application for a re-calculation may be consiered. The more complete your detailed bills and receipts, for all the extra costs you have, the more likely your application is to be considered favourably. Please note, in particular, that for an expense to be acknowledged, the application must include proof that you were also already reallycovering these costs before the Lohnpfändung was set up.

Quote:
View Post
Question is: is there some kind of law firm/organization that could simply point me what articles could be used (for example right to education costs of children etc) to modify the existenz minimum. Or should I try and as schulde-zh about that?
thanks
Have a look at the links provided in the above pdf. In particular, https://www.schuldeninfo.ch/materialien.html scroll down to ""Das Budget ins Gleichgewicht bringen – die Schulden sanieren!", and there click on "Für Profis". That will take you to laws/rules of various cantons. And to excel tables you can used to do the calculations: scroll down to "Budget" and "Betreibungsrechtliches Existenzminimum". In any case, before your present any such documents to the Betreibungsamt, I urge you to get an advice centre in your canton to check that you've been working within the requirements of your canton.

Last edited by doropfiz; 29.04.2020 at 03:46.
Reply With Quote
This user would like to thank doropfiz for this useful post: