Questão jurídica principal
Whether the complaint against the alimony ruling was admissible despite lack of material exhaustion of cantonal remedies
Decisão extraída
The Federal Supreme Court held that the appellant did not raise before the cantonal court the factual objections now advanced against the finding on the respondent's earning capacity; the complaint therefore failed for lack of material exhaustion.
Fundamentação extraída
Under Art. 75(1) BGG, the lower-instance factual and legal objections must already have been raised cantonally. The appellant had only argued his own ability to pay, not the respondent's capacity to work. The challenge was directed at factual findings, not a legal issue decided below.