my ex partner is swiss living in zurich, 2 children ages 16 and 18, swiss citizen full time study in the u.k, kids living with me in the uk and i am british citizen.
we have the unterhaltsvertrage or contract for child support since 2001.
since 2001 he is sending money for child support 500 swiss franc each child+ kinderzulage 150 each child. i have no complains about it. even though sometimes he is giving me a hard time as i just want to move on and have a peaceful life with my husband. my ex partner expect that my husband will support his 2 kids, which my husband is also helping me supporting my kids with their everyday needs. he is very good to my children and treats his own.
i am not working as i look after them since we moved to uk since 2004.
But until recently last may 2013 he is not sending the payment to his children which he is waiting for the form e411 to finalise regarding the kinderzulage.i sent this form to the home office last week which i just received only from him a couple of weeks ago and the home office told me that they will send this form back to switzerland. i do not understand why do i have to wait to finalise the kinderzulage issue, which is separate matter to his monthly support for his kids. Am I correct?
I emailed him my questions but just going nowhere. this is stressful, he is sending money direct to my children bank account and my kids are asking all this questions about this situations. of course i promise them that this will be fix.
I phone alimentenhilfe in zurich and a social adviser told me that they cannot help because we are not a swiss resident even though my children are swiss.
I just dont know what to do.
Can anyone help/ advice? please.... legal advise? what do you think.
Generally for two children it's 20% of net income. And only until they are 16 (or 18 for further education... A'levels, not University). Then it will drop to 15% for one. This is reduced depending on how much he looks after them (you do not mention contact).
Your marriage should not effect child maintenance. Only if your ex has additional children to support.
As I say, I don't know about Swiss law (will find out in court in September I guess) but then I think you would be under UK jurisdiction if you went to court over it.
the kids visit their dad anytime. we do not have problem regarding visitation and contacts. my ex partner have a girlfriend now but no kids on their own.
the problem in my situation, he is complaining everytime why he need to support his own kids and he expect my husband will support my children. which is unfair.
all im asking from him is his obligation of supporting child maintainance to the kids.
we were never married just stayed together had children. unfortunately the relationship did not work as i wanted to be, due to his alcohol problems.
iam trying to search any organization that can help me getting the child maintainance for my children.
looking for advise pls from other members. many thanks
Well, the good news is that under UK law it makes not one squat of difference if you were married or not, as long as he is on the birth certificate. The bad news is that under UK law once your child is 16 (or older if they are doing A'levels) it stops.
The CSA (British Child support agency) will not work with foreign parents (they have a hard enough time with the UK ones). You could try Reunite (the international child abduction agency also mediate for international child dispute cases) for mediation and get the memorandum of understanding you both sign lodged in a court, or you could go to a court. But my guess is, that by the time you get there and spend all that money, you will lose more than you get (and if your youngest isn't still at school you will get nothing).
Sorry, but I think under both Swiss and UK law your ex does not have to pay maintenance to your eldest anymore (unless he is still in further education) and only has to pay for your youngest if he is still in education.
You were asking very specific legal questions ... normally I'd suggest that only a legal expert would be able to answer those.
In this case, however, as other people have pointed out, your children aren't really children any more. At least, one is a legal adult. The other is 16 and you may expect some support from the father if the child is still at school.
You've said a couple of things - and I don't want to be unhelpful here but ..
Firstly, you don't work because of the children. At that age, it isn't really child abuse if you go out to work. If you don't work for other reasons, fair enough. Presumably your ex- works. I know that doesn't balance out the injustice you see in him not paying, but if you're struggling financially you could work.
Secondly, you seem distressed that your children are asking you what the situation is. Your ex may be being a bit difficult (trust me, many people do much worse things) - so why don't you explain the simple truth to your children? They want to know, tell them simply.
If you are able to claim some money for your youngest, I wish you luck.
PS - you say "he is sending money direct to my children bank account". Well, tell your children the truth. If you need some of that money to pay for their food and so on, ask them for it.
If you were divorced in Switzerland your child support would be governed by the divorce settlement. Usually the support continues until the child has one professional qualification, ie can survive independently.
I believe your son needs to sue his father in a Swiss court for continued support. Maybe you could contact your Swiss divorce lawyer for an explanation of the way to proceed.
Certainly is the case that payments have to be made to 25 if in full-time study - a friend's wife (that he has been trying to divorce for a very long time!) 'encouraged' all the children to give up studying one subject at uni, or an apprenticeship, and start another one - to ensure they would all be in full education to 25! . So fail a couple of years and repeat in secondary, same again at Gymnasium- start apprenticeship, give up in second or 3r year and start another - bingo. He just had to cough up.
i was doing part time job and helping supporting the kids and my husband is also helping. but my ex partner just wanted that me and my husband will support the kids.
I explained to the kids whats been happening and they know everything. yes he is sending direct to the kids and that maintenance money its all for the kids spending for their day to day necessity. My kids dont have to share food. i told them they can save for their later needs.
Both of my kids are in full time studies
Hi Abi, yes the father is on the birth certificate- thank you again for your time.
Sbrinz and Melesine- thank you and i appreciate your time
I just phone and ask the Gemeinde advisor just now in zurich if our contract for child support since 2001 still valid and she said yes. and the father of kids should follow the contract until kids are 25 years old if only children are in full time studies under swiss law. even though the kids reside in the uk it doesnt matter as long they are swiss citizen they are still have the right under swiss law. my. She gave me a number to contact who can help me in my situations.
You've just contradicted some of the things you said earlier.
And is calling the advisor was all you needed to do, why didn't you do that first instead of asking on a board of non-legal people? You would have saved yourself a couple of hours of anguish.
I was desperate to get some answer and advise tried the number from gemeinde since monday and operator tried to connect me to the person in charge but phone is always engaged. maybe this forum can give me some advise as well that is why I posted my question in here. it would be great to hear other people views isn't it. it doesnt mean i have the number to call and my situation is over. Some advise or knowledge from other people might help. at least then i know what step should i make.