Determination of the contribution for the maintenance of a child in case of modest financial resources

Facts

The dispute opposes A., father of four children, including one child from his current marriage and three children from previous relationships, to B., one of his children from a previous relationship. A. is required to pay child support for each of his children. The Cantonal Court of Zug set the child support for B. at 350 Swiss francs per month, indexed to the cost of living. A. appealed this decision to the Federal Court, requesting a reduction of the child support to 150 Swiss francs per month.

The facts are as follows: A. is married and has three children with his wife, including one child from his current marriage. He also has two children from a previous relationship, for whom he pays child support of 600 Swiss francs per month each. The Cantonal Court of Zug set the child support for B. at 350 Swiss francs per month, indexed to the cost of living. A. appealed this decision, arguing that his financial resources are modest and that he cannot pay such a high child support.

Considerations

The Federal Court examined the question of whether the tax burden of the debtor should be taken into account when determining the contribution for the maintenance of a child in case of modest financial resources. The Court considered that the tax burden should not be taken into account when financial resources are modest, as this could lead to a reduction of the child support to the detriment of the child.

The Court also examined the question of determining the minimum subsistence level of the debtor. It considered that the minimum subsistence level must be determined based on the child's actual needs and not based on the debtor's financial resources. The Court also considered that the principles governing the calculation of the minimum subsistence level of the debtor must be respected, in particular with regard to the consideration of the child's needs and the debtor's financial resources.

The Court also examined the question of the scope of the right to equal treatment of children in terms of maintenance contributions. It…