Facts
A.A. is the daughter of B.A. and C. In 2008, C. was obligated to pay 850 CHF per month in maintenance for A.A. As C. did not fulfill his maintenance obligation, the Social Services of the City of Chur advanced the maintenance contributions with 737 CHF per month.
C. requested in a conciliation request and a modification claim that his maintenance obligation be terminated from the beginning of the pending proceedings. The District Court of Plessur reduced the maintenance contribution to 650 CHF, the Cantonal Court of Graubünden reduced it to 737 CHF and terminated the obligation as of May 1, 2016.
C. demanded before the Federal Supreme Court that his obligation to pay maintenance contributions be terminated with effect from the beginning of the pending proceedings. The Federal Supreme Court dismissed the appeal.
Considerations
The Federal Supreme Court decided that C. must sue both the child (or its representative) and the City of Chur as the advancing community if he wants to reduce the scope of his maintenance obligation.
According to the law, the maintenance claim is transferred with all rights to the community if it covers the maintenance (Art. 289 para. 2 CC). The community is therefore passively legitimized to the extent that it has advanced the maintenance contributions.
The passive legitimation of the community also extends to future maintenance…