Kernrechtsfrage
Whether the husband’s minimum vital should include tax burden and a 20% uplift when fixing spousal maintenance
Extrahierter Entscheid
No. Where resources are insufficient, tax burden is not included in the minimum vital and the 20% uplift is reserved for a good financial situation.
Extrahierte Begründung
The appellant’s means did not cover an increased minimum vital. The first instance correctly excluded taxes and included employer-paid meal expenses in income.