Key legal question
Whether the higher cantonal child-maintenance award was correct, especially with respect to the treatment of the IV child pension
Extracted holding
The appeal succeeds because the entire IV child pension must be credited to the child’s maintenance needs; the case must be remitted for recalculation.
Extracted reasoning
Child maintenance under Arts. 276 and 285 ZGB must also take the child’s financial resources into account. An IV child pension is legally earmarked for the child’s support and education, so it must be deducted from the overall child need, not only from the portion borne by the mother. The appellate court’s partial crediting was therefore contrary to federal law.