Questione giuridica chiave
Whether the wife could be imputed a 60% hypothetical income from 1 January 2012 after the birth of her newborn child.
Decisione estratta
No; without a transition period, requiring a 60% workload only about three months after birth was arbitrary and incompatible with the child’s welfare.
Motivazione estratta
The court held that a mother who has just given birth must be granted a reasonable transition period to rebuild the relationship with the newborn and protect her physical and mental health. The cantonal court’s reliance on equal ranking of children’s maintenance claims did not justify denying such a period.