NZZ of January 27, 2011, by Katharina Fontana
Difficult questions about the maintenance obligation of the divorced men
Justice Minister Sommaruga wants to improve the financial situation of divorced mothers. There is an intervention in the existence of the men's subsistence level.
It was bad news for men and especially for divorced fathers that they received two weeks ago from Bundesbern: Minister of Justice Simonetta Sommaruga does not now want to submit the template about the common parliament to parliament (NZZ 13. 1. 11). Rather, the business is to be expanded and the post -marital maintenance obligation should also include. In view of the complex questions, the project is very time -consuming, with which the introduction of the common custody should be delayed accordingly.
Dispute over maintenance contributions
In men's organizations, this procedure is completely incomprehensible. Markus Theunert, President of the umbrella organization of the Swiss men's and fathers, criticizes the fact that the new Minister of Justice will put the template for joint custody after years of preparatory work on field one field one. Oliver Hunziker, who presides with the Swiss Association for Common Parenthood, is also very strange from the change of course of the judicial department. The linking of the custody with maintenance law issues leads to a new grave steam between man and woman - with the risk that the template will end up in the end.
For the divorced woman, this means that she has to wear a possible shortfall herself and have to see how she can finance her livelihood and those of the children. She will often have to fall back on social assistance.
The regulation, according to which the shortfall is transmitted unilaterally to the woman instead of divided into both ex-partners, has long been criticized. It cannot be seen why it is only left to the already heavily burdened single mothers to fight the money, says Anna Hausherr, central secretary of the Swiss Association of Single Mothers and Fathers. The Federal Supreme Court has recently been heard in this direction and asked the legislator to look for another solution - which the Minister of Justice now wants to take by hand.
The men's organizations also recognize that today's system is unsatisfactory and sometimes demands a lot from the mothers. However, it is also not a solution to simply ask the divorced men to the cash register and not even to leave them the subsistence level, so that they would have to take advantage of social assistance, says Oliver Hunziker. The men's work motivation would suffer considerably.
Returning of social assistance
The division of the lack of amount to both ex-partners would also reduce women in another respect and also put a strain on the men. Today, a woman who is dependent on social assistance after divorce must pay back the Fürsorgegeler, provided that she once comes to something (e.g. inheritance). The divorced men, on the other hand, are financially free after the maintenance payments to ex-wife and children and can do what they want with their money. This regulation is considered to be thrown by women's organizations, but also by practitioners and representatives of teaching. In their view, for reasons of equal treatment, it would be correct to also take on the men with the reimbursement.
hairdryer. ⋅ From the men's side it is sometimes criticized that divorced women could live at the expense of their former husband for too long. Even if the allegation in this blanket form may not apply, it is often the case that divorced men not only have to make maintenance contributions for their children, but also for their ex-wife for years. This is usually the case if the marriage took more than ten years or when common children are there. At the same time, however, the woman expects that she also contributes to her maintenance, as far as reasonable. If the woman did not work during the marriage and she was older than 50 years old, a return to the job market will not be expected, explains Regina Aebi, private law professor at the University of Lucerne. The same applies if small children have to be looked after: According to the federal court, a mother must not send her child into the crib under under any circumstances in order to be able to work himself. Only when the youngest child becomes schooly does the mother have to be part -time, and if it is 16 years old, a full -time work.