Facts
The appellant [X.] filed a claim with the District Court [G.] for modification of the divorce judgment and demanded the complete revocation of his maintenance obligation towards his divorced wife [Y.] . During the ongoing proceedings, he filed a request for provisional exemption from the maintenance obligation, which was dismissed by the single judge at the District Court [G.] and subsequently by the High Court (I. Civil Chamber) of the Canton of Zurich.
The appellant [X.] then filed a "constitutional appeal" with the Federal Supreme Court and requested the annulment of the High Court's decision and the remission of the case to the lower instance for re-examination. He also filed a request for the granting of legal aid for the federal court proceedings.
Considerations
The Federal Supreme Court took up the appeal, as it was a final decision within the meaning of Art. 90 FSCA. Decisions on provisional measures under Art. 137 CC, which are issued within the framework of modification proceedings under Art. 129 CC, are to be considered as final decisions.
On the merits, the Federal Supreme Court stated that for a provisional modification of legally binding maintenance contributions, liquid factual circumstances must exist that allow a fairly reliable…