Subject of the Dispute: The father of the child is attempting to terminate child support payments in favor of the mother and place the obligation to pay child support on the mother.
Main Arguments of the Court: The Supreme Court found that the previous judicial instances incorrectly considered the claims to be identical. The Court established a partial difference in the subject of the claim – different dates of filing the lawsuit and an additional requirement to impose the obligation to pay child support on the mother. This means that the courts incorrectly refused to open proceedings, as not all elements of the claim are identical.
Court Decision: The Supreme Court partially satisfied the cassation appeal, canceled the decisions of previous instances regarding the claims to terminate child support from the day of filing the lawsuit, and referred the case for a new hearing to the court of first instance.