Facts
[A.] and [C.] are the unmarried parents of [B.] (born 2011). By agreement dated 24 May 2012, [A.] undertook to pay CHF 400.-- per month towards the maintenance of the daughter in the event of the dissolution of the household community. On 19 August 2019, the mother approached the Child and Adult Protection Authority of Nidwalden (KESB) and requested a recalculation of the child maintenance. The Cantonal Court ordered [A.] to pay indexed maintenance contributions to [B.] in varying amounts depending on the phase, amending the maintenance agreement of 24 May 2012. [A.] appealed against this decision to the High Court of the Canton of Nidwalden. [B.] filed a cross-appeal. The High Court dismissed the appeal and partially upheld the cross-appeal, ordering [A.] to pay higher indexed maintenance contributions to [B.] .
Considerations
The Federal Supreme Court examines whether a legally sufficient conciliation attempt has been made prior to the filing of the action. It concludes that the procedure of the KESB, to submit a new maintenance agreement to the parents for signature, fulfils the minimum conciliatory element within the meaning of Art. 198 lit. bbis CPC. Thus, the conciliation proceedings have been dispensed with.
Regarding the amount of child maintenance to be paid by [A.] , he objects to the income from self-employment attributed to him. The Federal Supreme Court considers the assessment of evidence…