Question juridique clé
Whether the husband must reimburse the State for advanced court costs and counsel compensation after his financial situation improved.
Solution extraite
Yes. From December 2013 onward, his improved income and reduced maintenance payments made reimbursement possible, so he must repay the State CHF 3,268 in monthly installments of CHF 400, first due on 2014-01-31.
Motifs extraits
Under Art. 123(1) CPC, advanced procedural costs may be recovered once the beneficiary’s financial situation has improved and repayment becomes feasible. The court found this condition met for the husband because his maintenance burden had substantially decreased and his income had improved after completion of military service.