Payment of maintenance

Payment of maintenance

"I got divorced in Geneva in January 2008. According to the judgement, my ex-husband, who lives in Geneva, has to pay me CHF 40 in child support. Since the divorce, I've sent several letters to my ex-husband asking for this contribution, but I haven't received any payment. I can't apply for state aid in Switzerland because I live in neighbouring France. Do you see a solution to my problem?

According to art. 131 of the Civil Code, when the debtor neglects his or her obligation to provide maintenance, the guardianship authority or another office designated by cantonal law will provide adequate assistance to the creditor who requests it to obtain payment of the maintenance contribution. In Geneva, there is a cantonal service for the advance and recovery of maintenance payments (SCARPA), whose aim is to help, free of charge, any maintenance creditor to obtain the enforcement of benefits based on a judgment or on a legally valid promise. At the same time, maintenance creditors may request advances of maintenance payments.

As you have understood, you cannot appeal to SCARPA because you live in France. That said, there is an International Convention on the Recovery Abroad of Maintenance, the purpose of which is to encourage cooperation between States in the recovery of maintenance abroad.

You will therefore need to contact your local Caisse d'allocations familiales, which will ask the Ministère des Affaires Étrangères et Européennes in Paris to forward a request to the central authority for the recovery of international maintenance in Bern with a view to reaching an arrangement with your debtor and, if necessary, taking enforcement measures against him. Your ex-husband will then bear the costs of the proceedings.

There is also an International Social Service (www.ssiss.ch) that can help you find an amicable solution with your ex-husband for a limited fee.

Finally, you can lodge a complaint in Geneva for breach of an obligation to provide maintenance within the meaning of Article 217 of the Criminal Code, an offence punishable by a custodial sentence of up to three years or a fine.