Facts
The case concerns a legal dispute between the mother (appellant) and the father (respondent) over the lifting of debt collection proceedings for child maintenance contributions for their joint child. The single judge of the St. Gallen Cantonal Court had approved the lifting of the debt collection proceedings, as the mother was allegedly supposed to have waived all future maintenance contributions from 1 January 1985 onwards in a letter dated 14 December 1984. The mother filed a constitutional appeal against this with the Federal Supreme Court.Considerations
The Federal Supreme Court overturned the decision of the single judge. It found that the parent to whom the children are assigned cannot unilaterally waive the child's future maintenance claim against the other parent. Such a waiver would only be permissible with judicial approval. The letter of 14 December 1984, in which the waiver was declared, therefore has no legal effect and cannot serve as proof of the remission of the debt.
The mother could have waived the already due maintenance contributions by repaying them to the father. However,…