Kernrechtsfrage
Whether the appeal against the definitive legal opening should be upheld because the debt had been extinguished by set-off/payment.
Extrahierter Entscheid
No. The debtor failed to prove by documentary evidence that the enforced child-support debt had been extinguished or stayed; the first-instance definitive legal opening was correct.
Extrahierte Begründung
The alleged mortgage-interest payment was not evidenced as payment of the enforced debt. Under the sealed separation order, the wife had to bear the mortgage interest, and the bank statement did not show a document capable of proving set-off against the child-support claim. Child-support claims are generally not set off.