Facts
J.H. is the non-marital father of S.S., born on May 17, 1986. By a maintenance agreement dated February 25, 1989, he undertook to pay his daughter a monthly indexed maintenance contribution until she reached the age of six. In March 1998, J.H. married and became the father of another daughter and a son.
On April 22, 1999, J.H. filed a claim with the District Court of Bülach for modification of the maintenance agreement and requested that the monthly maintenance contribution owed by him be set at CHF 200 from October 1, 1998 until his daughter S.S. reaches the age of majority. The District Court partially granted the claim and reduced the monthly maintenance contribution to be paid by the plaintiff to CHF 300 plus child allowances as of May 1, 1999. On appeal by the defendant, the High Court of the Canton of Zurich increased the monthly maintenance contribution due to the defendant to CHF 620 plus any child allowances, effective May 1, 1999.
The defendant is filing a federal appeal and requests that the Federal Court set aside the contested decision and dismiss the modification claim. The plaintiff concludes with the dismissal of the appeal and files a cross-appeal. In this respect, he requests a modification of the lower court's decision, so that he be obliged to pay the defendant a monthly maintenance contribution of CHF 620 plus any child allowances as of October 1, 1998.
Considerations
The Federal Court dismisses the appeal and the cross-appeal and confirms the contested decision. It states that the principle laid down in Art. 279 para. 1 CC, that the child can claim maintenance not only for the future but also for the year prior to the filing of the claim, does not apply mutatis mutandis to the maintenance debtor who is suing for…