Facts
The spouses S. were divorced on March 19, 1970. The divorce settlement approved by the court regulated the maintenance obligation of the husband for the two sons M. and E. Accordingly, the defendant was obliged to pay monthly contributions of CHF 1,000 each towards the maintenance of the children, until they reached full earning capacity, but at least until the age of 18 and at most until the age of 20. If a child received an education that extended beyond the age of 20 and the defendant had consented to this education, he was obliged to continue the maintenance payments for the normal duration of this education.
Son M. attended the hotel management school in Lausanne from February 1980, whose training will last until 1983. Son E. had initially started a commercial apprenticeship, but was unable to complete it. Instead, he completed a two-year office apprenticeship, which he also did not successfully complete. It was only after a re-examination in August 1980 that he was able to complete the apprenticeship. He then attended an English course in Cambridge until December 1980.
Considerations
The Federal Court notes that the defendant's maintenance obligation towards his sons is to be assessed primarily according to the divorce settlement, as this was concluded before the entry into force of the new law on child protection. Accordingly, the maintenance obligation lasts until full earning capacity is reached, but at least until the age of 18 and at most until the age of 20.
With regard to son E., the Federal Court concludes that he was not yet considered fully employable within the meaning of the agreement in the spring of 1980. It was only after completing…