Question juridique clé
Whether child maintenance must be indexed when the obligor resides abroad and no foreign cost-of-living adjustment is known.
Solution extraite
The maintenance contribution for Selina had to be indexed. The court held that expected foreign inflation compensation is irrelevant; Swiss conditions govern where income capacity is assessed on Swiss terms.
Motifs extraits
Under Art. 286(1) ZGB, maintenance may be adjusted for changes in needs, parental ability, or living costs. Because Swiss practice normally adjusts earnings for inflation annually, the maintenance award should likewise be adapted to the cost of living by an index clause, unless it is clear from the outset that no compensation will be received.