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 wrote: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.
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.N_D wrote: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?
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