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  #21  
Old 30.04.2011, 19:41
Anna22
 
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Re: Alimony payments in Switzerland

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I know of here cases where this is not true, i.e. the wife IS paying the ex-husband alimony (as well as child support), as his unemployment has run out, can't find a job, and is taking care of the kids.

Tom
Thank you, do you think he can get get the social insurance? Is this man getting a pressure from the court to get the job? How long is the situation and also do you know how old are the children?
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  #22  
Old 30.04.2011, 19:42
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Re: Alimony payments in Switzerland

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I know of here cases where this is not true, i.e. the wife IS paying the ex-husband alimony (as well as child support), as his unemployment has run out, can't find a job, and is taking care of the kids.

Tom
This is not true, this only applies on separation, divorce is only concerned about kids, it's his responsibility as an adult to find a job to maintain himself and if he doesn't in 2 years separation, than the judge will assume he's abusing the mother.

His last resort will be social assistance which will demand him find a job too, he's not getting away with it and the mum won't pay for anything but the kids

@Anna: If it's an option, you can just play the game of taking custody of the kids, paying for babysitter when needed and taking care of them, you'll turn everything to your side and he will have to pay you for all.
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  #23  
Old 30.04.2011, 19:46
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Re: Alimony payments in Switzerland

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This is not true, this only applies on separation, divorce is only concerned about kids, it's his responsibility as an adult to find a job to maintain himself and if he doesn't in 2 years separation, than the judge will assume he's abusing the mother.

He's resort will be social assistance which will demand he find a job too, he's not getting away with it and the mum won't pay for anything
Thanks, you might me right. This is my case, for the next 2 years father of my children is not getting any pressure to get the job. In 2 years younger child is 10, which will be also time for divorce. I also though that social assistance could be a hope for him and they will put a pressure on him, I am sure
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  #24  
Old 30.04.2011, 19:50
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Re: Alimony payments in Switzerland

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This is not true, this only applies on separation, divorce is only concerned about kids, it's his responsibility as an adult to find a job to maintain himself and if he doesn't in 2 years separation, than the judge will assume he's abusing the mother.

His last resort will be social assistance which will demand him find a job too, he's not getting away with it and the mum won't pay for anything but the kids

@Anna: If it's an option, you can just play the game of taking custody of the kids, paying for babysitter when needed and taking care of them, you'll turn everything to your side and he will have to pay you for all.
It is not the option. Children live with him. I had everything prepared for the court, if children would be with me. how I could organize their lives and babysitter, etc. but I lost, twice. I would love to turn things around, but don't know how.
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  #25  
Old 30.04.2011, 19:53
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Re: Alimony payments in Switzerland

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It is not the option. Children live with him. I had everything prepared for the court, if children would be with me. how I could organize their lives and babysitter, etc. but I lost, twice. I would love to turn things around, but don't know how.
There's ways to turn the situation, sent you a PM.
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  #26  
Old 30.04.2011, 19:54
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Re: Alimony payments in Switzerland

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This is not true, this only applies on separation, divorce is only concerned about kids, it's his responsibility as an adult to find a job to maintain himself and if he doesn't in 2 years separation, than the judge will assume he's abusing the mother.
How is that different than a woman who receives alimony, is she abusing the system?

Tom
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  #27  
Old 30.04.2011, 20:27
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Re: Alimony payments in Switzerland

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How is that different than a woman who receives alimony, is she abusing the system?

Tom
Of course not, but there is a question of responsibility for yourself and life. And not making someone else pay because one feels like a victim.
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  #28  
Old 01.05.2011, 01:01
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Re: Alimony payments in Switzerland

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Hello,

Yes, I am paying him and he has custody of both children. I work full time. He does not work and has no intention of working during the separation. I suspect after divorce in Switzerland, he will have custody of children and try to leave this country
Normally, he can not leave the country with the children without your agreement.
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  #29  
Old 01.05.2011, 01:09
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Re: Alimony payments in Switzerland

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How is that different than a woman who receives alimony, is she abusing the system?

Tom
Women aren't automatically getting life time alimonies anymore either.
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  #30  
Old 01.05.2011, 02:52
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Re: Alimony payments in Switzerland

In Switzerland all parties are entitled to a fair amount. They will look at the best interests of the children.

Children are paid according to their age, starting at around Fr 700 each and at age 15, to around Fr 1200 each per month. The payments continue until they have finished education and have completed training for a job. Your husband is expected to pay the other half of the child care.

Basically the remaining joint income is split 50% - 50%. The non working parent is only entitled to alimony until the children are old enough to go to school alone, around 12 years old. So after a few years (4 I think) he will receive nothing more from you.

You must get a clause in the divorce agreement that the children must remain living in Switzerland unless the court approves a change of residence. Then if he leaves the country you can stop paying him and pay the money into a Swiss account, and inform the court. This might dissuade him from leaving Switzerland and make it difficult for you to see them.

At the date of divorce your property will be split up. Pension funds, created during the marriage, will be split 50 - 50.

It is extremely unusual for the husband to have custody. Has he convinced you, or are you willing to give the children away? Can you not claim custody (Or at least joint custody) as the husband will not seek work? I think the court would disaprove of a layabout husband leaving with his pension fund for a poorer country.

I imagine you have a lawyer, and you should insist on these points being put into the contract, as it is in the best interests of the children.

In Switzerland the divorce proceedings approve the presented agreement. Do not expect to be able to change things in the contract on the date of the divorce. The lawyers draw up the agreement, the judge stamps it. This document will not be changed easliy afterwards. It is now that you need to sort everything out, not after he has left the country.
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  #31  
Old 01.05.2011, 08:36
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Re: Alimony payments in Switzerland

I am extremely surprised that an unemployed faher is given custody of the children. I think there are more facts and frankly if you ask advice and information about the process and if you want it to b accurate then you have to put all the details out. Divorce is complex but you wont get the right advice if you dont give all the facts.
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  #32  
Old 01.05.2011, 08:55
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Re: Alimony payments in Switzerland

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I am extremely surprised that an unemployed faher is given custody of the children. I think there are more facts and frankly if you ask advice and information about the process and if you want it to b accurate then you have to put all the details out. Divorce is complex but you wont get the right advice if you dont give all the facts.
Quite right, divorce is complex. That's why its best to get professional advice, where you would need to provide the professional with all relevant details to get appropriate advice.

On a free public forum however: share as little or as much as you like.

OP: good luck, please do get some proper advice. Whatever it costs, will work out cheaper in terms of stress and worry (and more than likely money) in the long run.
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  #33  
Old 01.05.2011, 10:01
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Re: Alimony payments in Switzerland

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It is extremely unusual for the husband to have custody.
Indeed, but it happens (a friend of mine was recently given custody).

And yes, it's complex, and ultimately down to what's best for the children.

Also, an unemployed parent of either sex is MORE likely to get custody if the other is working, as they are in a position to take care of the kid(s) themself.

Tom
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  #34  
Old 01.05.2011, 23:35
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Re: Alimony payments in Switzerland

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Also, an unemployed parent of either sex is MORE likely to get custody if the other is working, as they are in a position to take care of the kid(s) themself.

Tom
So, in theory, if two parents were fighting for custody and one was not working, then it would make sense for the other to decide to not work as well, to raise the chances of being awarded custody? OR if both were working, then it would be clever to give up the job, to have an advantage over the other parent?
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  #35  
Old 02.05.2011, 07:57
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Re: Alimony payments in Switzerland

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Children are paid according to their age, starting at around Fr 700 each and at age 15, to around Fr 1200 each per month. The payments continue until they have finished education and have completed training for a job. Your husband is expected to pay the other half of the child care.

Not always. My ex pays a percentage of his salary (around 15%) and I have to cover all child care costs alone.
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  #36  
Old 04.05.2011, 21:10
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Re: Alimony payments in Switzerland

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After divorce you don't need to support him, only the kids.

As i mentioned before, law will be siding to the best for the kids.
If your earning and he is not then the law is that you need to keep him /her at the standard of living you had when you were married ...if you were working and he is not and he has custody of the kids ...then you will need to pay a set amount for each child and then top it up further with payments to him so he has the same standard of living as before ..in some cases this means he may take more than half your wage if he is not earning anything.. i just divorced and luckily my wife worked a 50% so for me i payed my wife 1250chf for each child and 1000chf for my wife ..to top up her living standard .with her 50% work earnings she in effect had more to live on each month than me...the payment to the Husband/wife of 1000chf reduces over time to zero ...law is that this should stop when the youngest child reaches 16 ...but you will need to pay the amount of 1250chf until 18 ..or when the child completes his her studies, i personally made an agreement with my wife so things do not last two years and can go through the courts in 3 months, sounds to me like your husband is going to get off well out of this,why dont you take custody of the children this would be easy as you are the mother??, an alternative for you now would be to quit your well payed job (or ask to be sacked...),lower your income, for a year or two, as the courts will base their calculation of payments on what you earned in tha last two year, if you would like to chat about this over a coffee PM me ...I have been through this before.
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  #37  
Old 04.05.2011, 21:21
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Re: Alimony payments in Switzerland

Or alternatively set up a business for yourself ...and pay youself a megre wage from the business ....then its a % of this meagre wage.
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