Facts
The dispute concerns a request for modification of child maintenance, in which the father sought to have his maintenance obligation towards his son, born in 2007, lifted. The father had undertaken to pay monthly maintenance contributions to his son, which were advanced by the commune. The father requested that his maintenance obligation be lifted, which the district court rejected, but reduced the maintenance contributions. The son appealed and requested that the maintenance contributions be maintained in accordance with the initial agreement.
The commune had advanced the maintenance contributions, but was not a party to the proceedings. The cantonal court decided that the commune had no interest in participating in the proceedings, as it had no direct interest in the modification of child maintenance.
Considerations
The Court examined the issue of passive legitimization in the action for modification of child maintenance when the public authorities have paid advances. The Court considered that the subrogation of the public authorities only applies to the maintenance contributions actually advanced and not to the fundamental right to maintenance.
The Court also considered that the public authorities have no direct interest in participating in the proceedings for modification of child maintenance, as they have no interest in the modification of maintenance itself, but only in the recovery of the advances they have paid.
The Court further considered that the participation of the public authorities in the…