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In the beginning, everything was actually quite simple. Almost too good to be true.
Nina and Roland met in the last semester of their studies. They fall in love and become a couple. Nina and Roland actually have different names. Because Nina will soon have a surname that everyone knows. A name that adorns luxury shopping malls as a logo. A name that promises, if not carefree, at least a safe life. Actually.
In this story, Nina is supposed to be “von Erlach” when she gets married.
Nina von Erlach remembers that they actually worked well together. “At least as long as we’re both working.” She works as an auditor. She first worked at a PR agency and then worked independently as a consultant. Daughter Ella was born in 2006. Sister Sophie follows two years later. Now Nina von Erlach takes care of two children full time – it’s no different for a “von Erlach”. She also oversees the construction of the family villa: high roof, panoramic windows, lake and mountain views.
From the outside, you want to have a slice of this life. This big cake is decorated with luxury holidays, housework and Pilates classes. Even though Roland von Erlach is unemployed several times, the family’s livelihood is secure thanks to his father’s million-dollar inheritance.
However, this did not go well for long.
How does Nina von Erlach go wrong?
Parenting styles of parents are becoming increasingly different. He finds his style “laissez-faire”. That’s why he’s rude to his daughters. As of 2014, the two live separately. He goes out and she stays home with the kids.
Today – ten years later – the von Erlachs are fighting over the seasonal subscription to the swimming pool (15 francs per month), Scout membership fees (70 francs per month including the federal camp), Sophie’s private swimming lessons. The key deposit for Ella’s school locker (50 francs one-time) went towards her as a toddler (58 francs per month). And more.
How can it get to this point? In particular, Nina made this mistake: from the birth of her first daughter, she accepted the traditional family image and comfortable life of her husband. This made him financially dependent. And this must take revenge.
After the separation, Nina von Erlach transferred 4,000 francs to herself and her daughters out of good will, as she said. This was enough to pay for basic needs, including mortgage interest. “My lawyer assured me there was no need to worry. I wasn’t going to be a poor Chilemuus. But that’s exactly what happened.”
It’s not just Nina von Erlach’s fault that her budget suddenly falters and she then has to go into debt. The Federal Court also plays its part. He constantly tightened his jurisprudence during the war of separation. Today, in practice, a person is expected to become financially independent immediately after separation. Even if a couple once decided that one or both of them would give up their job for their family and children.
How does the Federal Court rule?
The Von Erlachs can’t talk to each other anymore. Every court decision is subject to appeal. Lawyers’ legal documents can sometimes be over 100 pages. The files fill 20 federal folders. Somewhere in the court documents you can read “no willingness to settle.” Legal bills must now exceed 100,000 francs.
The situation is relatively simple. Roland von Erlach wants to pay as little as possible to his family; Not more than subsistence level. Nina von Erlach wants the family to be able to maintain the standard of living they once had. Hence the neatly listed expenses, from Badi subscription to keystore. This was all part of life before the breakup.
The district court determines an alimony contribution, which the cantonal court subsequently reduces. However, both courts agreed that Roland von Erlach had to pay more than the subsistence amount and deplete his assets to do so. The auditor later left the company. Does not accept payments. In the summer of 2021, five federal judges will rule and agree in part: In principle, you do not have to use inherited assets for alimony payments. The fees have to be there for that. So if you – like Roland von Erlach – earn nothing, you can sit on millions, but you only pay for your living.
Is it fair?
Not for Nina von Erlach. “My ex can live a luxurious life. “Me and the two girls, on the other hand, are barely getting by,” she says.
In any case, there are exceptions to the above-mentioned rule for federal judges in critical cases. Since the lower court did not adequately address this issue, the highest court sent the case back to the cantonal court. This needs to be decided again.
So what does Roland von Erlach say about all this? Neither he nor his lawyer responded to the observer’s questions. The Observer would want to talk to everyone affected and get their perspective. This text is now based on court documents and one-page representations.
How debts grow
At the time of separation, Nina von Erlach was 45 years old. Should he continue his self-employment as a consultant? Possibly misleading: He hasn’t been networking very long. Did you find a job in the short or medium term? Difficult: The kids’ break was too long. However, all courts consider him to have a hypothetical income. If he wanted, he could earn up to 4,200 francs. These amounts are considered his income, regardless of whether he actually earns anything.
In fact, he will never realize this reward. It can also be used for children’s hobbies, school camps, home repairs, etc. He pays for it from his own pocket. Until he had to beg for money from his family. “At the same time, my ex-husband’s million-dollar inheritance will also be protected. This is ridiculous.”
And that’s not all.
“I still have to repay the alimony contributions to my ex-husband, since the district court paid me more alimony than the cantonal and federal courts,” says Nina von Erlach. Approximately over 150,000 francs. “I don’t know how this is going to work.” There are certainly options: the Von Erlachs have now sold their perfectly located family villa. Over two million people are in a blocked account. The money is blocked so that the divorce can be resolved at some point. The couple is currently fighting over the separation, i.e. the time until divorce. Roland von Erlach does not accept his ex-lover’s payment of his debts with his share of the sale proceeds.
He opts to pursue and capture Nina von Erlach – ultimately in exchange for attorneys’ fees, which she can pay him in the case and claim back under the latest court order. It is possible that his jewelry or his 3b retirement account could be taken away.
You rub your eyes: why don’t you stop?
Why was Nina von Erlach trapped?
The cantonal court will rule again in spring 2023. There is an exceptional situation. Roland von Erlach certainly needs to exhaust his assets to pay the maintenance contributions. The girls, who are now almost of age, must each receive 1,600 francs in alimony. However, Nina von Erlach says that the father deducted 400 francs a month on his own initiative. Reason: He had paid too much money for years.
He could only breathe a sigh of relief after the cantonal court’s decision. Your ex files a complaint with the Federal Court again. It’s possible this won’t be tried until 2025.
“If I had one wish, I would like to have courts or tribunals whose decisions can no longer be challenged,” says Nina von Erlach. “It has to be good at some point.” Anyone with unlimited financial resources can file a lawsuit until the outcome is in their favor, she says.
He has almost no choice but to comply. He has to respond to his ex’s every call in order to avoid being the complete loser. “This is no longer about my livelihood. But I can’t stop because of my children.”
After so many years of arguments, maintenance calculations and legal correspondence, Nina von Erlach is not as worn out as one might expect. She works 80 percent of her time helping people sell their properties; Most of the time they have to do this due to divorce. He has a new partner with him. Despite everything, she says her daughters turned out great.
This becomes the point when she thinks about the future and her conflict with Roland: “I hope that at the latest at our children’s wedding, we can look into each other’s eyes again.”
Source :Blick
I’m Tim David and I work as an author for 24 Instant News, covering the Market section. With a Bachelor’s Degree in Journalism, my mission is to provide accurate, timely and insightful news coverage that helps our readers stay informed about the latest trends in the market. My writing style is focused on making complex economic topics easy to understand for everyone.
