Questão jurídica principal
Whether Art. 125 ZGB allows post-divorce maintenance to be fixed so as to cover future repayment of welfare debts
Decisão extraída
No. Art. 125 ZGB does not serve to finance past maintenance gaps or to compensate welfare debts incurred earlier; such debts cannot be shifted ex post to the former spouse.
Fundamentação extraída
The obligor must always be left with the full subsistence minimum. A later maintenance order cannot exceed that framework or retroactively correct a final earlier maintenance ruling. Past maintenance shortfalls cannot be refinanced in a later phase.