Facts
A.E. (born 1964, appellant) and B.E. (born 1963, respondent) have been married since 1989 and have two children. They have been living separately since February 2017. On March 17, 2017, B.E. requested the District Court of Brugg to issue protective measures for the marriage. The District Court ordered A.E. to pay child and spousal maintenance. A.E. appealed to the High Court of the Canton of Aargau, which partially reduced the maintenance.
A.E. then filed a civil law appeal to the Federal Supreme Court. He requested a further reduction of the child and spousal maintenance and the consideration of payments already made.
Considerations
The Federal Supreme Court dismissed the appeal, insofar as it was admissible. It considered the calculation of the child and spousal maintenance by the High Court to be constitutional. The appellant could not demonstrate any arbitrariness in the establishment of the facts or the application of the law.
The Federal Supreme Court stated that the appellant had forfeited the violation of his right to be heard in the previous instance, as he had participated in the hearing without reservation despite the late summons and had not raised the violation of the right to be heard in a timely…