Facts
A. and B. were divorced by judgment of the District Court of Hinwil dated April 29, 1998. Two daughters, C. (born 1993) and D. (born 1995), were born of their marriage. They were placed under the parental authority of mother A., and B. was ordered to pay child support.
On January 22, 2014, A. initiated debt collection proceedings against B. for outstanding support payments for D. for the period from January 1, 2011 to July 31, 2012. B. filed an objection. A. then applied to the District Court of Hinwil for definitive enforcement of the amounts claimed in the debt collection proceedings. The District Court granted the enforcement order.
B. appealed against this decision. The High Court of the Canton of Zurich upheld the appeal and dismissed the application for enforcement.
A. then filed a civil law appeal to the Federal Supreme Court. She requested the annulment of the High Court's judgment and the granting of the definitive enforcement order.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that under Art. 289 para. 1 of the Swiss Civil Code, the child is the maintenance creditor, and the holder of parental responsibility can only act as a party to the proceedings on behalf of the child during the child's minority. With the attainment of majority, this authority ends, even if the maintenance claim originates from the period of minority.
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