Urgent
Recovering a cross-border maintenance order (CH-FR)
Enforcing a maintenance order across the Swiss-French border — Lugano Convention, New York Convention 1956 and LP art. 38 ss.
Total duration: ~6 months
Procedure steps
- 01
Obtain an enforceable title in the State of origin
Divorce judgment, marital-protection-measure order, ratified agreement, maintenance judgment. Ask the registry for the enforceable copy + Lugano certificate (art. 53 and Annex I LUG) if the order is from the EU.
- 02
File an exequatur petition (if foreign decision)
Before the Geneva Court of First Instance, based on the Lugano Convention (art. 38 ss). For maintenance, Lugano applies in full — including maintenance from divorce.
- 03
Initiate debt-enforcement proceedings (LP) for due maintenance
Once the judgment is recognised in Switzerland, file a debt-enforcement request at the Geneva Office des poursuites. Definitive mainlevée (LP art. 80) on the enforceable judgment. Enforcement fee + office costs.
- 04
Salary or bank-account attachment
The Office calculates the debtor's minimum vital (LP art. 93), attaches the seizable portion of salary (generally 20-60% of the surplus above the minimum vital) or freezes bank accounts.
- 05
Recovery in France via Aripa
If the debtor is in France, mobilise the Aripa (Agence de recouvrement et d'intermédiation des pensions alimentaires), which can recover on behalf of the creditor. CHF-EUR convention to clarify.
- 06
New York Convention 1956 for non-EU countries
For maintenance recovery to/from a State party to the New York Convention of 20 June 1956 (outside the EU), go through the Swiss Central Authority: Federal Office of Justice.
- 07
Indexation and adjustment
Maintenance can be adjusted if incomes change: judicial modification (CC art. 134 for children, art. 129 CC for spouse). Keep a record of the Swiss CPI referenced in the agreement.
Legal basis
Cantonal maintenance advance
In Geneva, the Office cantonal des poursuites + Service de recouvrement et d’avances de pensions alimentaires (SCARPA) can, under conditions, advance unpaid maintenance to the creditor while the debtor is being coerced. Conditions: modest income, prior recovery attempts, recognised debt.
See also: Binational divorce in Geneva.
Frequently asked questions
What is the difference between Aripa and SCARPA?
Aripa (Agence de recouvrement et d'intermédiation des pensions alimentaires) is the French national agency managed by the family-allowance funds (CAF) that recovers maintenance from debtors residing in France. SCARPA is the Geneva cantonal Service de recouvrement et d'avances, which advances unpaid maintenance to low-income creditors residing in Geneva and pursues the debtor. You choose based on your country of residence, not the debtor's.
How long does cross-border maintenance recovery take?
Typically 4 to 8 months between the first demand letter and the first effective payment. Steps: obtaining an enforceable title (15 days), Lugano exequatur (3 months), poursuite request and mainlevée (2 months), effective seizure (1 month). If the debtor is insolvent or has disappeared, timelines lengthen significantly.
Can SCARPA advance maintenance if the debtor doesn't pay?
Yes, subject to conditions on the creditor's modest income, prior recovery attempts, and a debt recognised by judgment or agreement. The advance is time-limited; SCARPA pursues the debtor in parallel to recover what it has advanced. It's an aid scheme for families in difficulty, not an automatic entitlement.
Can I have my ex-spouse's salary seized in France?
Yes, after exequatur in France via the Lugano Convention and enforcement through a French huissier or via Aripa. Salary seizure respects the French protected-income threshold (RSA single, ~EUR 600/month per scales). Beyond that threshold, the seizable share is progressive under the French Labour Code.
This procedure overview is provided for information only and does not replace individual legal advice.
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