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