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Old 10.08.2011, 20:42
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Split from Swiss partner, how much child maintenance should I be paying?

I am English and have just split up from my Swiss partner of 7 years. We have a daughter of 6 and a half together and my former partner has an 8 year old son from a previous relationship. We were not married and I had no residency status in Switzerland due to the fact that i work as a security contractor and work 4 to 5 week rotations followed by 3 weeks off. I now live in France and would appreciate if any one could give me an idea of how much child maintenance I should be paying and what my visiting rights are for my daughter. Although my partner and I are on reasonably good terms, she is very un-communicative on these subjects. She is not yet working and so far I have been supporting her financially but do not intend to continue doing so indefinately. Thanks, Dave.
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Old 10.08.2011, 21:25
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Re: Advice on child maintenance

wouldnt you just get the kid? since you are financially stable (that is of course if you want that?)
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Old 10.08.2011, 21:30
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Re: Advice on child maintenance

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wouldnt you just get the kid? since you are financially stable (that is of course if you want that?)
On the contrary, if one is not working, THEY normally get custody.

Tom
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Old 10.08.2011, 21:30
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Re: Advice on child maintenance

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Although my partner and I are on reasonably good terms, she is very un-communicative on these subjects.
I wonder why that could that be?

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She is not yet working and so far I have been supporting her financially but do not intend to continue doing so indefinately.
That would probably explain it.


You need to consult a Swiss family lawyer at your earliest opportunity.


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On the contrary, if one is not working, THEY normally get custody.
The "We were not married" bit changes the ground rules significantly. There is no legal obligation to contribute to the child's mother's finances, and if she is unable to support herself...
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Old 10.08.2011, 23:05
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Re: Advice on child maintenance

Child maintenance is 15% of the net income.

Were you married, you would have to support your wife as well. Indeed, she couldn't be forced to work until the child turns 12 if she was not working before the separation. But since you're not married, I have no idea how this works.
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Old 10.08.2011, 23:13
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Re: Advice on child maintenance

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The "We were not married" bit changes the ground rules significantly.
For support, yes, but not for custody or child support.

Also, a friend of mine recently mentioned that if you live together in CH 5 years, you get spousal rights as concerns property (which is how his ex got half of her boyfriend's company, and since she does have it I'm sure he's not making this up).

Tom
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Old 11.08.2011, 11:05
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Re: Advice on child maintenance

Thanks for your reply, I was hoping to settle this without having to refer to a lawyer but I can see now that at some point I am going to need proffesional advice. Thanks anyway. Dave.
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Old 11.08.2011, 11:17
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Re: Advice on child maintenance

I would recommend getting this sort of thing settled officially and in writing one way or the other. You never know how things turn in the future.
Good luck
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Old 11.08.2011, 11:17
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Re: Advice on child maintenance

As you were never officially domiciled in CH, this will be very messy as well. If in France, it will then be an international thing, and I believe you, or she will have to petition the courts in your respective domiciles (CH and France), and see where jurisdiction lies.

There was a recent article of in the newspaper here in Swiss romande, where an unmarried couple living just over the border in France split up, unmarried with child together. Mother moved in with her family in CH after the split, father left in France with basically no visitation or rights to his child. It is making his life very difficult. He is working with an assocation of fathers rights in Geneve to help him with his legal work, visitation, rights, etc.

good luck
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Old 11.08.2011, 11:27
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Re: Advice on child maintenance

If you were married and living in Switzerland you would be expected to pay about CHF 850 per month for your child, rising to CHF 1'100 when she is 18. You would also be expected to continue paying if she is studying or training for a proper job, but only for the first training. The amount varies slightly between Cantons but is based on what the social services decide is a fair amount, and you would pay half that sum.

My advice to you is to contact the Social Services where she lives and explain that you would like to continue seeing and supporting your daughter. They will know how much you should pay. They can also draw up a legal agreement which will save you a lot of lawyers fees and will keep your ex happy, and make seeing the daughter much easier. You might then also be able to claim tax relief on the payments. You can also pay the CHF 850 to the social services, then she will not be able to hassle you for more.

Unlike in other countries, I find the Swiss social system very fair, and backed up by Swiss laws. If you don't co-operate they will hound you via European agreements, and co-operating from the start will save you lots of cash and strife.

After marrying a woman who went mad, I have had dealings with the social in Vaud, Fribourg and Bern, so unfortunately I do have relevant experience.

.
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Old 15.08.2011, 12:24
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Re: Split from Swiss partner, how much child maintenance should I be paying?

You don't need a lawyer for a child support agreement unless there is a dispute. Just go to the local child social service agency where your child lives and they will assign someone to draw up a contract based on your income. It doesn't matter that you live in France. They will need some document stating your income- probably your last tax statement and your child's birth certificate. You pay 15% of your net income (i.e. after social deductions like social security (AHV) but before taxes).

I don't know about support for your ex if you weren't married or visitation agreements. Maybe you can ask the same agency.
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Old 15.08.2011, 13:30
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Re: Split from Swiss partner, how much child maintenance should I be paying?

If it's separation, you'll have to add both revenues, deduct basic expenses, divide by 3, mum + kids get 2, you get one....i pay 1850 chf for 1 kid as a separated father.

If divorce, 15% per child + 50% of your pension, any other thing can be optional
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Old 15.08.2011, 13:46
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Re: Split from Swiss partner, how much child maintenance should I be paying?

shouldn't the question be, "how much does my daughter need?" and then pay that.

I find these threads a little distasteful to be honest, people trying to find out the very least they "have" to pay
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Old 15.08.2011, 13:55
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Re: Split from Swiss partner, how much child maintenance should I be paying?

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shouldn't the question be, "how much does my daughter need?" and then pay that.

I find these threads a little distasteful to be honest, people trying to find out the very least they "have" to pay
I don't see any problem people getting a clue about their obligations and rights beforehand....myself, at some point didn't get enough information and assumed it will be fair to leave the judge decide but i ended up being asked to pay 40% of my monthly salary to my ex + child.

This is not an ordinary situation and the judge imho always assume fathers are evil in the first place regardless of why and who decided the separation and they judge accordingly.
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Old 15.08.2011, 14:05
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Re: Split from Swiss partner, how much child maintenance should I be paying?

10%- 15% off your incoming. if you have a high saläry and u live a high standart. your child deserves that standart too.
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Old 15.08.2011, 14:07
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Re: Split from Swiss partner, how much child maintenance should I be paying?

I think altough I could be wrong is that payment per child depends on the coutnry where you live and since he lives in France the rules might be different?
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Old 15.08.2011, 14:13
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Re: Split from Swiss partner, how much child maintenance should I be paying?

the rules are according to the country where the child lives.
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Old 15.08.2011, 15:27
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Re: Split from Swiss partner, how much child maintenance should I be paying?

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the rules are according to the country where the child lives.
The rules are according to which court has made an order or , if no order is present then whichever court has jurisdiction. The Hague convention may or may not apply to determine residency, but whichever court made the maintenance order will have it enforced by the REMO arrangement. If a Swiss court made a maintenance order against a Father for his child and that child now lives in the UK, then the parent with care in the UK can ask a UK court to enforce a Swiss order. (until Jurisdiction is re-determined).

The parent with care/Mother can ask for jurisdiction to be moved to the UK and ask for the UK to determine a new order but their is reluctance by courts to get involved against another court when an order has already been made. A sufficient change in circumstance may allow either party to re-approach the court that made the order to have it adjusted but rarely is jurisdiction handed over in the case of children.

It tends to remain with the court that made the initial order which tends to be the court that handled the divorce (as courts need to ensure adequate arrangements have been made for the children before issuing the final divorce order.
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Old 15.08.2011, 17:04
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Re: Split from Swiss partner, how much child maintenance should I be paying?

I was just talking about the OP's current situation- never married to the mother, child lives in Switzerland with mother and father lives in another country. This is my situation, so I had to look into it and that's what I was told about jurisdiction.

(so courts don't need to get involved, unless he wants to sue for custody I suppose.)
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Old 15.08.2011, 17:15
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Re: Split from Swiss partner, how much child maintenance should I be paying?

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I was just talking about the OP's current situation- never married to the mother, child lives in Switzerland with mother and father lives in another country. This is my situation, so I had to look into it and that's what I was told about jurisdiction.

(so courts don't need to get involved, unless he wants to sue for custody I suppose.)
Either party can apply for an order in their own country. If I were the Father , I would apply in the country I were living in, if I knew that the liability was less,and have a contact order drawn up at the same time. If he gets an order in his own country then that court will retain jurisdiction and the Mother would have to apply to his court for an amendment. However, from what I have read, Swiss courts are quite similar to neighbouring EU courts when it comes to determining the amount needed (around 15%). It would be in his best interest to act first and act fast so as to gain jurisdiction in his own country rather having to defend in another country. This would entail hiring local CH representation which would be that much more expensive.

Of course the best action would be to discuss this with the Mother and try to agree an amount, were he to offer a sensible amount upfront, the courts would be far less inclined to get involved if the Mother was not facing financial hardship. It would present him in a good light which is viewed favourably if the Mother was just trying to be greedy.
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