Facts
The case concerns the question under what conditions parents owe maintenance to an emancipated child who is still in education. The Federal Supreme Court had to decide whether the defendant, the plaintiff's father, is obliged to pay maintenance contributions during the education of his emancipated son.
The plaintiff, a student born in 1964, demanded maintenance contributions for his education from the defendant, his father. The High Court had awarded the plaintiff a monthly maintenance contribution of CHF 1,000. The defendant then appealed.
Considerations
The Federal Supreme Court states that the parental maintenance obligation towards emancipated children in education has an exceptional character. It only exists if the child is still in initial vocational training and this corresponds to the life plan made before reaching the age of majority.
Furthermore, the maintenance debtor must have an income after paying the maintenance contributions that exceeds his (extended) basic needs by about 20%. Only…