Questione giuridica chiave
Whether current taxes may be included in the husband’s minimum subsistence for maintenance calculation
Decisione estratta
No. In tight financial circumstances, current and overdue taxes are not part of the debtor’s enforceable minimum subsistence.
Motivazione estratta
The lower court relied on Solothurn guidelines contrary to settled Federal Supreme Court case law under Art. 93 SchKG; that inclusion was therefore arbitrary.