Unpaid maintenance
If maintenance or child support is not paid, we can pursue several avenues simultaneously on your behalf: we will initiate debt collection proceedings, apply to the cantonal collection agency for assistance, and determine whether it is appropriate to file a criminal complaint for neglect of child support obligations under Art. 217 of the Swiss Criminal Code. If necessary, we also arrange for advance maintenance payments so that your children’s basic needs are not dependent on the payment behavior of the other parent. In international cases, we rely on the Hague Convention on Child Support and our network of partners in over 80 countries. Our goal: to ensure that child support actually reaches you.
Contact: contact@alkatout-legal.ch | +41 22 512 04 05
Not every late payment automatically constitutes a legal case. The key factor is whether the person that is obliged to pay child support is able to pay but fails to do so nonetheless. We review the other party’s financial situation, the basis of the existing maintenance order—whether it is a judgment, an agreement, or a protective order—as well as their payment history to date before determining the next steps.
If there is an enforceable maintenance order, we will initiate debt collection proceedings and, if necessary, apply for wage garnishment directly with the employer of the person obligated to pay maintenance. At the same time, we will determine whether you are eligible for assistance from the cantonal debt collection service, which can pursue the claim on your behalf.
Anyone who, despite having the financial means, fails to fulfill their family law maintenance obligation is liable to prosecution under Article 217 of the Swiss Criminal Code (StGB). Criminal prosecution generally takes place at the request of the entitled party. We will assess whether filing a criminal complaint is a useful complement to civil enforcement and guide you through the entire process.
CHILDREN'S WELFARE AND
LIVELIHOOD SECURITY
If child support payments are not made, the children’s livelihood is usually directly at stake. We will determine whether the canton can provide an advance on child support so that your children do not suffer as a result of the obligor’s failure to pay. In this case, the canton will cover the advance payment and handle the subsequent enforcement of the claim.
INTERNATIONAL SITUATIONS
If the person obliged to pay support lives abroad, enforcement becomes more complex. We rely on the 2007 Hague Convention on Child Support and—within Europe—the Lugano Convention to enforce Swiss support orders abroad. Our network of partners in over 80 countries handles local enforcement on the ground.
The decisive factor is not merely the delay in payment, but whether the person obliged to pay child support would be able to do so; we assess this on a case-by-case basis.
We are simultaneously reviewing the possibility of wage garnishment, as well as cantonal debt collection assistance and advance child support payments, to ensure that your children are provided for even if the other party lacks assets.
That depends on the individual case; it often serves as a useful supplement to civil enforcement.
We also enforce Swiss maintenance orders abroad through the Hague Convention on Maintenance Obligations and our international network of partners.