Facts
In enforcement proceedings No. 6932 for child support of son Gerhard, the Zurich 11 Debt Collection Office garnished 43 cents per hour from the debtor Mühlethaler's hourly wage on October 17, 1955. The debtor complained about this wage garnishment, as he was of the opinion that half of his wife's earnings as well as the monthly installment payments for two sofa beds should be included in the subsistence minimum.
The cantonal supervisory authority reduced the wage garnishment to 42 cents per hour, as the cost-of-living allowance for the calculation of the subsistence minimum had been increased. However, the grounds for the debtor's complaint were deemed unfounded.
The debtor maintains his complaint by way of an appeal.
Considerations
The Federal Court dismisses the appeal. It decides that the installment payments for the sofa beds cannot be considered as expenses belonging to the minimum subsistence needs, as there is no retention of title by the seller.
Regarding the contribution of the spouse to the marital obligations, the Federal Court finds that such an obligation to contribute generally exists, unless the wife's work in the household and possibly in the husband's business is already considered a sufficient contribution. In the present case, given the husband's…