Facts

This case concerned the modification of child support in divorce proceedings. The appellant ([A.A.] ) had filed a claim with the Cantonal Court of Appenzell Ausserrhoden for the modification of the divorce judgment of November 29, 2005, and requested the revocation of the child support contribution for his daughter [C.A.] as well as the post-marital maintenance contribution for his ex-wife [B.A.] .

The Cantonal Court revoked the post-marital maintenance for [B.A.] , but found that [B.A.] was passively legitimized to the extent of the missing legal subrogation pursuant to Art. 289 para. 2 ZGB. To this extent, the Cantonal Court partially upheld the claim and modified the child support contribution for [C.A.] .

[A.A.] appealed this decision to the High Court of Appenzell Ausserrhoden. The High Court found that [B.A.] was passively legitimized to the extent of the missing legal subrogation and upheld the claim to this extent, as [A.A.] was not capable of performing. In all other respects, the High Court dismissed the appeal.

Considerations

The Federal Supreme Court made the following findings in its decision

  • The Federal Supreme Court dismissed the appellant's request for recusal of the judges and court clerks, as mere participation in previous proceedings does not constitute a ground for recusal.
  • The Federal Supreme Court took up the appeal, as it was a final cantonal decision in a civil matter of a pecuniary nature.
  • The Federal Supreme Court confirmed the case law that the…