Dismissal of the wife's request to order the husband's employer to pay her the maintenance contribution directly

Facts

In the context of protective measures proceedings for the marital union, the single judge approved an agreement between the parties according to which the husband (appellant) must pay his wife (respondent) a monthly maintenance contribution of 600 francs. This decision has become final. Based on Art. 177 CC, the respondent requested that the appellant's current employer be required to pay her this maintenance contribution directly. The appellant concluded that this request should be dismissed. By decision of 22 November 2007, the single judge granted the respondent's request for interim measures. The appellant's appeal against this decision was dismissed by the Cantonal Court on 1 July 2008. The appellant filed a civil appeal against this decision on 4 September 2008. The Federal Tribunal does not enter into the merits of this appeal.

Considerations

According to case law, the order for direct payment to the creditor under Art. 177 CC is a provisional enforcement measure, and not an ordinary civil matter. Therefore, only the violation of constitutional rights can be invoked in an appeal against such a decision (Art. 98 FSCA).

In the present case, the appeal was filed out of time.…