Key legal question
Whether monthly employer-loan repayments must be included in the husband's needs calculation when support causes a deficit.
Extracted holding
No. In a deficit situation, employer-loan repayments could not be taken into account in the husband's basic needs calculation.
Extracted reasoning
Maintenance obligations rank before ordinary debts. The arrangement was a loan, not a wage assignment; any set-off is limited by Art. 323b OR to the attachable part of wages. Since the husband's income after alimony was at the subsistence minimum, the employer could no longer deduct the installments. In addition, most of the monthly amount was amortization and thus excluded from subsistence calculations as asset formation. Finally, the husband could repay the loan from existing assets.