Adjustment of child support payments under the divorce convention

Facts

This case dealt with the question of whether a provision for the adjustment of child support payments in the event of a change in the father's income, contained in a divorce convention, was effectively approved by the divorce court. The mother had later sued for higher maintenance payments, as the father was alleged to have earned a higher income. The Federal Court had to decide whether the corresponding clause of the convention was legally valid.

Considerations

The Federal Court stated that under Art. 158(5) CC, agreements on the ancillary consequences of divorce require judicial approval. The purpose of this approval requirement is for the court to review the agreements concluded by the parties for legal admissibility, clarity and appropriateness.

In the present case, the divorce court had not formally approved the regulation in Clause 5 of the divorce convention, as it did not consider it to be an enforceable title. Nevertheless, it included the provision in the judgment, in the belief that it could facilitate any subsequent modification proceedings. The Federal Court saw this as an implicit approval…