Kernrechtsfrage
Whether provisional measures are permissible in proceedings to modify child support contributions.
Extrahierter Entscheid
Yes. Child support contributions fixed by court or agreement are generally amendable, and provisional measures are therefore admissible in modification proceedings as well.
Extrahierte Begründung
There is no material difference between Art. 157 ZGB and Art. 286(2) ZGB. The prevailing doctrine supports applying provisional measures by analogy in proceedings to modify maintenance contributions. The defendant's view that such measures may be ordered only in favor of the child finds no support in the statute and would be hard to reconcile with fairness. The official and inquisitorial nature of child support proceedings does not change this, because the court may also intervene ex officio to the child's detriment.