Facts
[A.] was born on January 8, 1996 to unmarried parents, [B.] and C. The couple separated in 1997. [B.] later married D. and had three daughters, E., F. and G.
By judgment of June 19, 2003, [B.] was ordered to contribute to the maintenance of A. This contribution was reduced on November 11, 2004 due to the birth of E. On February 3, 2010, [B.] requested the removal of the maintenance contribution owed to [A.], citing a decrease in his income and the birth of his two youngest daughters.
The Court of First Instance partially granted this request. [A.] then filed a civil appeal and a subsidiary constitutional appeal against this judgment, primarily concluding that [B.] should be ordered to pay him a maintenance contribution until his majority, or even until the age of 25 in case of serious and regular studies.
Considerations
According to Art. 286 para. 2 CC, if the situation changes significantly, the judge modifies or suppresses the maintenance contribution at the request of the father, mother or child. However, the occurrence of a new fact does not automatically lead to a modification of the maintenance contribution.
The judge must indeed weigh the respective interests of the child and each of the parents to determine the need to modify the maintenance contribution in the specific case. It is only if the maintenance burden becomes unbalanced between the two parents, in particular if it becomes excessively heavy for the debtor parent who would have a modest condition, that a modification of the…