malicious evasion of payment of child support

[N_D]

[David91]

Obviously, negotiation is to be preferred to litigation which will always cost you some money up front. If all else has failed, then you either give up or you take action. Because the Swiss order cannot be registered in Singapore, there is nothing to enforce here, and I assume neither defendant nor assets to enforce it against. No court will allow its territorial jurisdiction to be invoked if there is no chance that its order can be enforced. If your ex-husband had fixed assets here, you could apply for leave to serve enforcement proceedings extraterritorially with a view to taking those assets in satisfaction of monies owing to you. Otherwise there is no local remedy.

You can apply for enforcement of the order from the Swiss court. The fact that you are not currently a permanent resident in Switzerland is not a bar. The court of orgininal jurisdiction retains jurisdiction over the order(s) that it made. It may be that you have to physically travel back to Switzerland for a few days to reestablish presence for the purpose of issuing the enforcement proceedings but, if the amounts of money involved are sufficiently significant, you will recover the fees and costs when the procceedings are over. This ia a balancing act for you. Finding the costs to reinitiate Swiss jurisdiction against the knowledge that otherwise you will get nothing more from your ex-husband. But I have to keep advice real. It can be painful to give up but sometimes practicality prevails. I say this knowing how unfair this sounds. A determined husband with money on his side may well be able to delay the proceedings and drain your money through costs paid to your lawyer before you can get a judgment against him. All court proceedings soak up money. If you cannot get access to legal aid from the Canton in which the original order was made or find a Swiss lawyer prepared to take the case on a contingency fee or pro bono basis, it may not be financially viable for you to recover what is owing to you.

[N_D]

Obviously, negotiation is to be preferred to litigation which will always cost you some money up front. If all else has failed, then you either give up or you take action. Because the Swiss order cannot be registered in Singapore, there is nothing to enforce here, and I assume neither defendant nor assets to enforce it against. No court will allow its territorial jurisdiction to be invoked if there is no chance that its order can be enforced. If your ex-husband had fixed assets here, you could apply for leave to serve enforcement proceedings extraterritorially with a view to taking those assets in satisfaction of monies owing to you. Otherwise there is no local remedy.

You can apply for enforcement of the order from the Swiss court. The fact that you are not currently a permanent resident in Switzerland is not a bar. The court of orgininal jurisdiction retains jurisdiction over the order(s) that it made. It may be that you have to physically travel back to Switzerland for a few days to reestablish presence for the purpose of issuing the enforcement proceedings but, if the amounts of money involved are sufficiently significant, you will recover the fees and costs when the procceedings are over. This ia a balancing act for you. Finding the costs to reinitiate Swiss jurisdiction against the knowledge that otherwise you will get nothing more from your ex-husband. But I have to keep advice real. It can be painful to give up but sometimes practicality prevails. I say this knowing how unfair this sounds. A determined husband with money on his side may well be able to delay the proceedings and drain your money through costs paid to your lawyer before you can get a judgment against him. All court proceedings soak up money. If you cannot get access to legal aid from the Canton in which the original order was made or find a Swiss lawyer prepared to take the case on a contingency fee or pro bono basis, it may not be financially viable for you to recover what is owing to you.

the father of the child should pay to his son around 1000 SGD a month(700CHF) and if I'll throw this business the child remains without the alimony till 18 years (now he's 5 yr old) and it will be then a big sum. Do you think that expenses for lawyers will be more?

[David91]

Sadly, I know almost nothing about the Swiss court system. I can only offer advice from general principles. In theory, the enforcement of an existing court order for maintenance is straightforward. You prove the order, show non-compliance and the court orders payment. But with orders requiring regular activity, courts can be difficult. They do not like to get into situations where court officers have to monitor and police compliance. Thus, if the court ordered attachment of your ex-husband's earnings and he immediately changed his job, you would have to apply for a new order. The court would not do it of its own motion. If he refused to work and the only option was to send him to jail as an encouragement to comply, your son still gets nothing. It all depends on how determined your husband is to avoid payment. Because of the legacy of bitterness and resentment that can follow on divorce, some men become very determined to avoid making any support payments, particularly when they are denied access to their children.

My guesswork and speculation is not going to help you. You know your ex-husband. You have to make a judgment on his state of mind. If you do decide to take legal action, your first step would be to track down information on whether legal aid is available for this purpose in Switzerland. All I can say is that legal aid is available for some puposes because Switzerland complies with the various conventions on human rights which should ensure reasonably fair access to representation in court. Since a child is involved, the chances of legal aid are improved. If legal aid is not available for this particular purpose, then you will have to find out whether a contingency fee system operates. There is already a reasonably substantial sum at stake with the accumulated arrears. This may tempt a good Swiss attorney to take on the case. If not, then you will have to find a pro bono Swiss attorney or one that will operate for a minimum rate. There is no substitute for professional advice from a Swiss lawyer.

[ksl]

I was married in Switzerland, with a swiss citizen, and we had one child. Now we are divorced and I live with the child in Singapore, where I had to move for professionel reasons.

His father who is residing in Switzerland has a duty to pay a maintenance allowance for the child, but he refuses to pay since I moved to Singapore in March 2005. Maintenance order was issued by a court in Switzerland, by divorce proceedings. I understood that I can't apply in Singapore for an enforcement of the maintenance order, because there is no arrangements on this between Singapore and Switzerland!!! I can't apply in Switzerland as well, because I'm living here.

What would you advice me to do?

Your best bet is to suck up to your ex and get him to see good sense, that you need the money for the childs education, encourage him to save it, if he will not pay it.

The important thing is the child gets the money, many men begrudge paying out of principle of losing their rights to see or have their child, and believe the wives, just blow the money on having a good time.

I think you should really try and get him to see the sense and responsibility to his child, than haggling over the money and what he's supposed to do.

Problem with divorce is that most lawyers fight for their clients, rather than the families best interest, and they only care about getting their money rather than, you getting yours.

I think maybe you should try to work it out between you and your ex, and allow him some prime time with his kid too, maybe 6 months in his Country and 6 in yours, It does have it's benefits, that the child feels loved and grows up, knowing and expecting to share the parents time.

When the child is old enough to chose, you should maybe listen.

Unfortunately my wife never allowed my children to visit me, even though I paid each week, and this was against the childrens wishes, she also tried to blame me, for the break up of the marriage, when the kids were old enough to ask, these questions.

Little did she realise the damage she was causing to the children, that today it would all backfire and the truth would be known.

I try hard to encourage them not to blame their mother, and that now we are both there for them, but it's to late, emotional damage is done and they are now in their 30's and still suffering.

I often get my daughter phoning and crying, and asking why I never took her with me, when she was a child, but my son was allowed to come and live with me at 12 years.

I wouldn't go so much up in the money side of the problem, it makes for a bitter ending and no one benefits. If your wise, diplomacy and the need to share the responsibility of the child should be looked at, some guys can be incapable, just like women.

So fix the fenses, and try to come to some agreement, whereby you all benefit, let him put the money in trust if need be, the main aspect is to swallow your pride..... and no matter who was in the wrong, its history.

I do believe you can employ a legal rep, back in Switzerland to present your case, although if he goes out of work, he will probably only have to pay a nominal amount until he gains employment, then you have the hassle of proving he's in work again.

In UK, they put you in prison for non payment, or if you are late paying, there is no way out at all. I resented going to prison over being late with payments, because i was between jobs, the system doesn't think or care!