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-   -   Divorce alimony-disabled- large age difference (https://www.englishforum.ch/family-matters-health/299484-divorce-alimony-disabled-large-age-difference.html)

JasmineTea 06.08.2020 16:58

Divorce alimony-disabled- large age difference
 
Good afternoon,

I would be grateful for some advise from somebody in the know,

A few years into the marital divorce procedure, i'm in a situation where my soon to be ex has been given our joint family home and my child because of my physical disability. I was evicted from the marital home at the second hearing and he was ordered to give me maintenance which sometimes he did sometimes not. However, it is certain that he will buy me out of the family home. The president of the court seemingly has to award me further maintenance my question is, i am EU he is Swiss i have a C permit. I have full visitation rights to my child.

We are due to go back to the tribunal soon, i would like to give up my C permit and return to my country and for my child to visit me there and visa versa is this possible from the presidents point of view, does any body know what conditions i have to fulfill for that to become a reality in law, my child is a teenager. Also, how do i stand on alimony from my ex if i was to return to my country ?.

I thank you for any help on this, i ask here because i do not want to make a mistake and tell the president of the tribunal that i wish to return to my country as then it will become a fact at the present moment i am exploring the issue.

I do have an advocate however, i do not want to prompt any conclusions that might pass to the president. I do have a feeling that this wonderful Swiss country and legal system works for the benefit of the Swiss citizens firstly. Viva la Swiss !!!.

Thank you

swisspea 06.08.2020 18:05

Re: Divorce alimony-disabled- large age difference
 
I wonder if there is someone from the disability sector who could advocate and support you ? Maybe a specific support organisatian for your specific disability, or general human rights/disabiltiy law type advocate ?

MusicChick 06.08.2020 18:16

Re: Divorce alimony-disabled- large age difference
 
Quote:

Originally Posted by ANNX (Post 3204490)
Married for 10 plus years, now three years into the marital divorce procedure, i'm in a situation where my soon to be ex has been given our joint family home and my child because of my physical disability.

This is very strange. Plus you wrote that you were evicted from your home because of your disability? How ok are you with not having your son? Was he asked? I am sorry that things are tough, get a better lawyer asap. Hugs.

JasmineTea 06.08.2020 18:51

Re: Divorce alimony-disabled- large age difference
 
Hi,
Thank you for your replies, yes, the situation is complicated. He took out a litigation against me which meant i was forced to leave the marital home. He lives in the marital home and my child want's to stay in the marital home with his father.

[Details removed to protect privacy]

MusicChick 06.08.2020 18:55

Re: Divorce alimony-disabled- large age difference
 
Let me know when to remove this tread.

JasmineTea 06.08.2020 19:56

Re: Divorce alimony-disabled- large age difference
 
Hi,

I apologise if my thread sounds unbelievable or have offended anybody, i would have also thought that my thread sounds iffy, but honestly it's true.

There was a double whammy 1. my disability 2. for the litigation. 3. my ex's career role which all contributed to my being evicted from my home.

However, i thank you for your ears, and leave you in peace.

st2lemans 06.08.2020 20:00

Re: Divorce alimony-disabled- large age difference
 
Normally, the person looking after the child would get the home.

In this case, your husband.

This is normal here.

Tom

JasmineTea 06.08.2020 20:38

Re: Divorce alimony-disabled- large age difference
 
Thank you for your reply,

Yes, my son is a teenager and wishes to stay with his dad for various reasons.

Does anybody know if in the event that i give up my C permit and take residence in my home country is it feasable from the Swiss law that my son would be able to visit me and visa versa ?. And, how does my being resident in the an EU country effect pensions and maintenance ?.

Medea Fleecestealer 06.08.2020 21:07

Re: Divorce alimony-disabled- large age difference
 
There is no law in Switzerland to prevent your son visiting you and you coming here for a visit. [details about OP's home country removed] How accommodating your ex is regarding visits is another question, even if you do have full visitation rights.

Here's some info on maintenance contributions which may help as the cantons provide a free service to help make sure you get what is owed to you. They may also be able to tell you how it would work if you move to your country.

https://www.ch.ch/en/divorce-and-mai...contributions/

There's also this on matrimonial property which may be of help

https://www.ch.ch/en/matrimonial-regime/

3Wishes 06.08.2020 21:46

Re: Divorce alimony-disabled- large age difference
 
I don't have any advice regarding the divorce, disability, or housing situations. Sorry you're stuck in this difficult position.

Edit - Per your request I've edited posts in this thread to anonymize it a bit more.

MusicChick 06.08.2020 22:31

Re: Divorce alimony-disabled- large age difference
 
It will be hard to anonymize anything.

OP - we should probably have it hang here for a short time to allow for a limited visibility and then pull it down, people who will have read it will hopefully contact you through personal messages.

As my little personal message, though, even if your son decided to live with his father, having his mom move to another country is not easy for any child of any age. Before you move, talk with a lawyer. I wish you strength and support, hugs.

curley 06.08.2020 23:10

Re: Divorce alimony-disabled- large age difference
 
Quote:

Originally Posted by JasmineTea (Post 3204536)
Hi,

I apologise if my thread sounds unbelievable or have offended anybody, i would have also thought that my thread sounds iffy, but honestly it's true.

There was a double whammy 1. my disability 2. for the litigation. 3. my ex's career role which all contributed to my being evicted from my home.

However, i thank you for your ears, and leave you in peace.

That's not the problem. But it is all very personal and you are on the internet - for everybody to read, not only members of EF.
All the best.


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