Facts
The dispute concerns the determination of the maintenance contribution owed by the father (P.) for his son (B.), born from the marriage between P. and C. After the divorce in 1985, the child's custody was entrusted to the mother. The father was ordered to pay a monthly contribution of 500 CHF. In 1990, the son requested an increase in this contribution, which was set at 900 CHF by the district court, and then at 1,025 CHF by the cantonal court. The son appealed this decision to the Federal Tribunal.
Considerations
The Federal Tribunal considers that the maintenance obligation of the stepparent (the mother's new spouse) is only subsidiary to that of the biological parent. Therefore, the stepparent's income cannot be fully taken into account for the calculation of the maintenance contribution owed by the father.
Furthermore, the Federal Tribunal considers that, given the father's significantly more favorable financial situation compared to the mother, it is justified to have the father bear the entire financial needs of the child, as the mother is already assuming the majority of the in-kind care. An increase in the maintenance contribution is therefore justified.
Finally, the Federal Tribunal considers that…