Questão jurídica principal
Whether the husband could be imputed a hypothetical income based on a return to Switzerland and his new wife's relocation and work activity there.
Decisão extraída
The conditions for imputing income were not met because the required return to Switzerland and forced relocation of the new wife were not reasonable in the concrete circumstances.
Fundamentação extraída
Although child support may justify high demands on earning capacity, the court held that the husband had plausible reasons to have moved abroad, had long ceased to have meaningful ties in Switzerland, and had rebuilt his life in Cambodia. Requiring both spouses to move back and work in Switzerland would be an excessive interference with their current life situation.