Facts
The case concerns the duty of the father (X.) to provide support for his son (A.Z.), who received social assistance from the municipality of A. from July 1, 2006 to June 30, 2007. In August 2006, the son was admitted to a psychiatric clinic for drug addicts and, on medical advice, entered a detoxification therapy facility in December 2006. The costs of this therapy were covered by the social welfare office of the municipality of A.
The social welfare office requested the father to fill out a questionnaire on his income and asset situation to clarify the duty of relatives to provide support. As no amicable agreement could be reached, the social welfare office filed a lawsuit with the District Court of St. Gallen in June 2007 and demanded that the father pay the support costs of CHF 35,410.90.
The District Court upheld the claim, but the Cantonal Court of St. Gallen dismissed it. Against the decision of the Cantonal Court, the municipality of A. filed an appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court states that according to case law, a state of need within the meaning of Art. 328 para. 1 of the Swiss Civil Code (ZGB) exists if someone can no longer provide for their own livelihood. This also includes the costs for the stay and treatment of addicts in an institution.
A person lives in favorable circumstances within the meaning of Art. 328 para. 1 ZGB if they can afford not only the necessary expenses but also those expenditures that are required for a higher standard of living. Not only income but also assets are relevant.
However, in the present case, it is not about permanent support services, but about the one-time costs for a detoxification therapy. For such a…