Questão jurídica principal
Whether the full salary costs of a household helper hired to care for children assigned to one parent must be included as deductible child maintenance costs under Art. 145 ZGB.
Decisão extraída
No. The helper's costs could be taken into account only to the extent attributable to childcare; because the helper also performed household tasks benefiting both the children and the father, a full deduction was unwarranted.
Fundamentação extraída
Children aged 6, 8 and 10 required continuous care, so hiring day-time assistance was justified. However, a household helper does not exclusively provide childcare but also household management. The resulting common benefit meant the advance deduction had to be reduced. The amount of CHF 2,000 fixed by the lower court was considered appropriate.