Divorce: pension reduced?
Divorce: pension reduced?
"Recently divorced, I've just found out that my job at the company where I work will soon be abolished.
I have to pay my ex a monthly pension and I don't think I can count on his understanding if I can't keep up with my payments.
Who can I turn to?
Olivier, Geneva
Under certain conditions, the law allows an application for review of a court decision in the event of a significant change in the parties' circumstances. In divorce proceedings, under article 129 para. 1 of the Civil Code, the maintenance contribution set by the court may be reduced, withdrawn or suspended for a specified period if there is a significant and lasting change in the situation of the debtor or the creditor. However, an improvement in the creditor's situation will only be taken into account if the divorce decree establishes a pension that will enable him or her to be adequately maintained, i.e. to cover his or her expenses and minimum subsistence. The change must be significant, which means that minor variations will not be taken into account and that each situation will have to be examined on a case-by-case basis. In addition, the change must be lasting, i.e. for an unlimited period based on the foreseeable evolution of the parties' economic situation.
Moreover, in the case of a deterioration in the debtor's situation, the change must also be both unforeseeable and the consequence of objective factors that are not attributable to an arbitrary decision on his part. For example, the reduction in income of a person who voluntarily leaves his job and is consequently unable to fulfil his obligations is not taken into consideration. On the other hand, the loss of a job, unlike retirement, is not a foreseeable event and is in principle considered to be the result of objective factors. You therefore have the option of bringing proceedings before the Court of First Instance to amend the divorce decree in order to request the reduction, suspension or cancellation of the maintenance contribution to which you have been ordered to contribute.
