Key legal question
Whether the father lived in 'favorable circumstances' and was therefore liable for family support under Art. 328(1) ZGB.
Extracted holding
The lower court’s approach was inadequate because it reduced assets to a notional income without sufficiently examining whether the father could maintain a prosperous lifestyle despite paying the one-time amount.
Extracted reasoning
For a one-off support claim, asset conversion into ongoing income under SKOS guidelines is not automatically appropriate. The court must assess the overall financial situation, including wealth, lifestyle, and whether payment would impair that lifestyle, with full factual inquiry under the investigative principle.