Facts
K., a single mother of four children, lives separately from her husband and is supported by social assistance. She is the daughter of B., who is under guardianship and has assets of around 3.5 million Swiss francs. K. initiated proceedings for relative support and requested that B. be ordered to pay 5,500 Swiss francs per month.
The District Court set the monthly support payments at 5,000 Swiss francs, and the High Court reduced the amount to 2,250 Swiss francs. K. appealed against this judgment.
Considerations
The Federal Court dismissed the appeal. It stated that the assessment of "need" and the required living expenses is based on discretion, and the Federal Court can only intervene within certain limits. The High Court has used the minimum subsistence level under debt enforcement law as a basis and rightly did not grant a 10% surcharge, as relative support should not go beyond social assistance.
Regarding the depletion of assets, the High Court also decided within the scope of its discretion. It assumed that asset depletion is not reasonable for B., as he is…