Questão jurídica principal
Whether the full CHF 3,000 voluntary alimony payments had to be included in the debtor’s minimum subsistence calculation.
Decisão extraída
No. In the absence of a court order, voluntary support payments may be counted only partly if the debtor does not substantiate the recipient’s need and financial situation.
Fundamentação extraída
The debtor and, where relevant, the recipient must show dependency on support. The supervisory authority acted within its discretion by allowing only partial amounts because the debtor gave no sufficient information about the wife’s income and needs.