Questione giuridica chiave
Whether IV child supplements paid directly to the custodial parent must be credited against court-set maintenance contributions in alimony-advance proceedings.
Decisione estratta
Yes. Where the civil court has not yet definitively ruled on the crediting of the child supplements, the supplements are to be credited against the maintenance obligation for purposes of alimony advances.
Motivazione estratta
The court held that, for public-law alimony-advance purposes, §§ 2(1) and 6(1) ABG require reliance on the substantive maintenance resources actually available. Child supplements under IVG are social-insurance benefits attributable to the maintenance debtor, even if paid directly to the custodial parent. Because the civil judge had not expressly ordered cumulative payment, the supplements had to be set off; otherwise the state would advance sums no longer materially owed, contrary to the subsidiary nature of advances.