Facts
In the marital protection proceedings between X. and Z., the Presidency of the District Court of Baden ordered Z. to pay monthly maintenance contributions to the personal maintenance of X., with the crediting of payments already made. X. then pursued Z. for a claim of CHF 24,680.- plus interest. The District Court of Bremgarten granted X. the definitive enforcement for the amount of CHF 18,580.- plus interest. Z. filed a complaint against the enforcement decision, which was upheld by the High Court of the Canton of Aargau.
X. then filed a subsidiary constitutional appeal with the Federal Court and requested the annulment of the contested decision. However, the Federal Court dismissed the appeal.
Considerations
The Federal Court stated that the marital protection judgment of November 19, 2007 cannot be recognized as a definitive enforcement title. Although the judgment provides for the crediting of payments already made, neither the operative part nor the reasoning indicate the amount that must be paid for the retroactive maintenance contributions. Due to the lack of a clear payment obligation in a specific amount, no definitive enforcement can be granted based on this judgment for the retroactive maintenance contributions.
The Federal Court further stated that alleged repayments made before the judgment was issued must be taken…