Facts
On June 16, 1978, the Civil Court of the district of Neuchâtel pronounced the divorce of L. [C.] and Y. née [S.] and entrusted the children [A.] and [M.] to their mother, to whom it attributed the exclusive exercise of parental authority. L. [C.] had undertaken to contribute to the maintenance of his two children by paying a monthly pension of 180 fr. for each, payable in advance.
Y. [S.] applied on January 30, 1979, to the Cantonal Collection and Advance Service for maintenance contributions, attached to the office of minors and guardianships of the canton of Neuchâtel, to request advances on the pensions that the divorce judge had allocated to her two children, as L. [C.] had never paid the due pensions and had returned to Italy.
The Cantonal Service rejected Y. S.'s application on February 16, 1979, and the Cantonal Finance Department dismissed her appeal on October 3, 1979. The Council of State of the canton of Neuchâtel granted Y. [S.] advances of 1,080 fr. corresponding to the contributions due for three months for the maintenance of children [A.] and [M.], but rejected the appeal for the rest.
Considerations
The Federal Court examined whether the Council of State's decision was arbitrary and whether it violated the principle of the derogatory force of federal law. It considered that the appellant had the capacity to lodge a public law appeal against the decision rejecting her application for advances on the arrears due by the other parent.
The Federal Court also examined whether art. 293 al. 2 CC obliged the cantons to organize a system of advances for maintenance contributions. It considered that this provision created no obligation for the cantons and that the…