Facts
The complainant, [A.] , and the respondent, [B.] , are divorced spouses. In the context of the divorce proceedings, the complainant was sentenced by the President of the District Court of [Z.] with a decision of January 28, 2000, to pay maintenance contributions of CHF 450.-- each (plus child allowances) for the three children, as well as maintenance contributions to his wife [B.] . The High Court of the Canton of Lucerne confirmed the maintenance contributions for the children and set the wife's maintenance at CHF 400.-- for the months of February to June 2000 and at CHF 600.-- for the time thereafter.
The complainant requested a reduction of the maintenance contributions for the three children to CHF 250.-- each and the cancellation of the wife's maintenance. The High Court of the Canton of Lucerne rejected the request. The complainant filed a constitutional complaint with the Federal Court against this decision.
Considerations
The Federal Court examined the constitutional complaint and found that the conditions for modifying the provisional measures were not met. The fact that the judgment in the divorce case had become final did not constitute a grounds for modification.
The court also rejected the complaint of a violation of the prohibition of arbitrariness (Art. 9 Cst.), as the complainant did not specify in what way the cantonal court had allegedly decided arbitrarily. The lower court did not have to take into account tax debts,…