Questão jurídica principal
Whether the divorce maintenance provisions should be provisionally modified pending the main amendment action.
Decisão extraída
No provisional modification was warranted because the relevant circumstances were not sufficiently liquid, the alleged change had been foreseeable and concealed, and the requested reduction conflicted with the limited availability of interim relief in maintenance cases.
Fundamentação extraída
The court held that the appellant knew of the pregnancy when the divorce settlement was concluded and breached good faith by not disclosing it. The financial impact of the new child was still unclear, including the spouse's contribution under Art. 159(3) ZGB. The agreed hypothetical income was part of the settlement of an uncertain situation, and the case mainly concerned child maintenance, which should not be reduced by interim measure.