Kernrechtsfrage
Whether legal aid is excluded when the applicant's income exceeds the enforcement minimum by a small amount.
Extrahierter Entscheid
No. Legal aid is not ruled out merely because income is slightly above the enforcement minimum; the decisive question is whether the applicant can still meet litigation costs without unreasonable restrictions on the necessary support for self and child.
Extrahierte Begründung
Section 106(1) ZPO refers to a person whose income is insufficient, after covering necessary living expenses, to bear the costs of litigation. This includes cases where net income is only somewhat above the enforcement minimum. With only CHF 150 monthly surplus, the appellant could not reasonably fund court advances and lawyer’s fees.