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  #1  
Old 30.04.2011, 18:04
Anna22
 
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Alimony payments in Switzerland

Maybe you can help me with this question:

I am in separation. My husband who does not work, lives with the children (age 8 & 10). I suspect that after divorce that will be in 2 years (in Switzerland) he might want to move back to his home-country, oversees. My question is: if he does it, will the amount of alimony payments stay as set by court in Switzerland, or it will be less (to adjust for the lower cost of living, more chances to get the job, etc).
Thank you
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Old 30.04.2011, 18:34
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Re: Alimony payments in Switzerland

Surely it would be adjusted if the children were no longer being cared for by, or, living with him anyway?
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Old 30.04.2011, 18:57
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Re: Alimony payments in Switzerland

I think I was not clear in my initial post. If the Swiss court gives him custody of the children and they all (him and children) leave Switzerland for another country. And I will stay in Switzerland. Will the alimony be adjusted in such a case? Thank you
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Old 30.04.2011, 18:59
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Re: Alimony payments in Switzerland

Regardless, you will have to get the amount reviewed by the court, because of a relevant change in circumstance, which will involve a solicitor, which should be first port of call on your list.
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Old 30.04.2011, 19:01
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Re: Alimony payments in Switzerland

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I think I was not clear in my initial post. If the Swiss court gives him custody of the children and they all (him and children) leave Switzerland for another country. And I will stay in Switzerland. Will the alimony be adjusted in such a case? Thank you
If i understand well, you're paying him as he have the custody, right?
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Old 30.04.2011, 19:10
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Re: Alimony payments in Switzerland

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
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Old 30.04.2011, 19:14
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Re: Alimony payments in Switzerland

Then i assume you're dividing your income minus expenses at the moment, from what i know, after divorce you'll have to pay 25 to 30% of your income for both kids depending on your canton rules and i doubt this will change depending on the location the father / kids are at, this is considered a sum to maintain kids basic needs and not situation related.
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Old 30.04.2011, 19:16
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Re: Alimony payments in Switzerland

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Regardless, you will have to get the amount reviewed by the court, because of a relevant change in circumstance, which will involve a solicitor, which should be first port of call on your list.
Thank you for this answer. Can this be done after divorce? Once is evident he is leaving Switzerland with children? I am just so concerned that I will have to support him for years to come... He used to work and it is since we came to Switzerland he decided to separate, succeeded, took children away from their working mother and left me with very little money...
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Old 30.04.2011, 19:20
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Re: Alimony payments in Switzerland

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Thank you for this answer. Can this be done after divorce? Once is evident he is leaving Switzerland with children? I am just so concerned that I will have to support him for years to come... He used to work and it is since we came to Switzerland he decided to separate, succeeded, took children away from their working mother and left me with very little money...
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.
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Old 30.04.2011, 19:20
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Re: Alimony payments in Switzerland

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Thank you for this answer. Can this be done after divorce? Once is evident he is leaving Switzerland with children? I am just so concerned that I will have to support him for years to come... He used to work and it is since we came to Switzerland he decided to separate, succeeded, took children away from their working mother and left me with very little money...
It should be done once he has moved. Any legal move prior to that would be considered speculation...
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Old 30.04.2011, 19:23
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Re: Alimony payments in Switzerland

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Then i assume you're dividing your income minus expenses at the moment, from what i know, after divorce you'll have to pay 25 to 30% of your income for both kids depending on your canton rules and i doubt this will change depending on the location the father / kids are at, this is considered a sum to maintain kids basic needs and not situation related.
Thank you. What I am interested is if the alimony sum is calculated on where the children live. You mentioned that it is not...The cost of life is very high in Switzerland compared to another country. Therefore CHF for the "kids basic needs" elsewhere will be a very good income.
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Old 30.04.2011, 19:26
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Re: Alimony payments in Switzerland

Thank you, this is good message from you - that I won't have to support him for years to come. I want to support and help my children in any way I can.
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Old 30.04.2011, 19:27
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Re: Alimony payments in Switzerland

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Thank you. What I am interested is if the alimony sum is calculated on where the children live. You mentioned that it is not...The cost of life is very high in Switzerland compared to another country. Therefore CHF for the "kids basic needs" elsewhere will be a very good income.
But the question will be, are services corresponding to CH?.

Let's say, kids goto public schools in CH which is pretty high standard, if they move to kenya, algeria or any other 3rd world country, public school are not the same as public here, so the father will be the one to decide if they goto private one, same applies for health insurance and other basic services
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Old 30.04.2011, 19:29
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Re: Alimony payments in Switzerland

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Thank you, this is good message from you - that I won't have to support him for years to come. I want to support and help my children in any way I can.
Just be prepared to pay 25% of your income for the kids only and that's it.

Why don't you go with divorce now?, does he refuse to divorce?
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Old 30.04.2011, 19:30
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Re: Alimony payments in Switzerland

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But the question will be, are services corresponding to CH?.

Let's say, kids goto public schools in CH which is pretty high standard, if they move to kenya, algeria or any other 3rd world country, public school are not the same as public here, so the father will be the one to decide if they goto private one, same applies for health insurance and other basic services
I see, this is a good point. Yes, children go to the public school here in Switzerland. Then I guess German language will be an issue, because they would move to Bulgaria or Canada. So I should expect that he might want to send them to private school there which I will pay for, right?
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Old 30.04.2011, 19:32
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Re: Alimony payments in Switzerland

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Just be prepared to pay 25% of your income for the kids only and that's it.

Why don't you go with divorce now?, does he refuse to divorce?
Thank you. Yes, he does not want to divorce now, in 2 years he will get half of my pension as well.... Does 25% applies to both children or 25% per child?
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Old 30.04.2011, 19:34
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Re: Alimony payments in Switzerland

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I see, this is a good point. Yes, children go to the public school here in Switzerland. Then I guess German language will be an issue, because they would move to Bulgaria or Canada. So I should expect that he might want to send them to private school there which I will pay for, right?
you won't pay any extra for that, you'll just pay the 25% to 30% of your income as AP for the kids, any occurring extras, father will be responsible for that.

Another good thing, if you suspect he's spending the money on himself and not the kids or not offering the kids a decent life, you can start a case against him in court and demand evidence of payment for all what he's paying / buying for the kids.
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Old 30.04.2011, 19:35
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Re: Alimony payments in Switzerland

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Thank you. Yes, he does not want to divorce now, in 2 years he will get half of my pension as well.... Does 25% applies to both children or 25% per child?

25% to 30% for both kids and it stops when they're 16 i guess
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Old 30.04.2011, 19:38
Anna22
 
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Re: Alimony payments in Switzerland

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you won't pay any extra for that, you'll just pay the 25% to 30% of your income as AP for the kids, any occurring extras, father will be responsible for that.

Another good thing, if you suspect he's spending the money on himself and not the kids or not offering the kids a decent life, you can start a case against him in court and demand evidence of payment for all what he's paying / buying for the kids.
Thank you so much, this is a good news for me comparing to what I pay now... I really appreciate you promt responses on these questions. All the best to you!
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Old 30.04.2011, 19:38
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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.
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
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