Kernrechtsfrage
Whether uncollectible maintenance payments owed by a parent may be included when calculating scholarship eligibility and amount.
Extrahierter Entscheid
No. Only maintenance payments that are actually paid or can realistically be enforced may be counted as parental contributions.
Extrahierte Begründung
Under the scholarship rules, parental capacity includes the custodial parent's income plus the other parent's support payments. The divorce judgment fixed the father's duty, but because he had moved abroad and his whereabouts were unknown, enforcement was impossible. Since the alimony was therefore uncollectible, it had to be left out of the scholarship calculation.