My British husband has passed away recently, leaving unpaid child support towards his Swiss ex wife.
As Swiss social service was paying for her instead, they are now demanding a release of his vested benefits account.
His pension funds will be used to clear the debts, Is this request justifiable?
-Place of his death/residence : EU country
-I am from non EU country, over 45 but not pension age, got married to him 6 years ago (total 20 years together), have a child with him who is 19 in full-time education.
-His 2 Swiss children are now over 25, working.
-Divided pension funds during marriage in Switzerland and total sum of child support payments are exactly the same amount. Coincidentally? I do not think so.
(His Swiss ex wife who initiated their divorce was a breadwinner, he was a house husband. He was kicked out from the marital home, lost everything including custody.)
-Vested benefits account rules say that the payout is not form part of the deceased's estate and the entitlement is independent from the inheritance law.
(1st priority is a surviving spouse and his kids who are entitled to an orphan's pension. In the absence of this group, the rest of his children will have the entitlement)
-Swiss social service has failed to seize his vested benefits account before due to no release request from him.