Facts
[G.] and Ms. P. have been divorced since 1979 and have children, including Suzanne born on December 22, 1967, entrusted to her mother. The divorce judgment provided for a maintenance contribution beyond the age of majority and up to the age of 25 at the most, if the conditions were met. [G.] ceased to pay the contribution as of November 1, 1988.
Suzanne [G.] filed a claim for the payment of a monthly contribution until the end of her law or librarian studies. On February 22, 1990, the Court of First Instance ordered the father to pay a monthly contribution of 1,000 francs as of January 1, 1990, as well as an ad litem provision of 3,000 francs. [G.] appealed to the Court of Justice, which confirmed the decision.
[G.] filed a public law appeal for violation of Art. 4 Cst. The Federal Tribunal admitted the appeal to the extent that it was admissible.
Considerations
According to Art. 277 para. 2 CC, if the child has not completed their training by the age of majority, the father and mother must, to the extent that the circumstances allow them to do so, continue to provide for their maintenance until the end of this training, provided that it is completed within the normal time frame.
The judge must examine all the circumstances, in particular the personal relations between the parents and the child. They may…