Questão jurídica principal
Whether the source-tax gross salary may be treated as taxable income for maintenance-advance entitlement under § 96 SG.
Decisão extraída
No. For source-taxed persons, the gross salary used for source tax cannot automatically be equated with taxable income under the maintenance-advance scheme; the decisive factor is economic capacity compared with an ordinarily taxed person.
Fundamentação extraída
The scheme aims to secure the child's subsistence on a needs-based basis. Ordinary tax assessment is the reference point for taxable income, but source tax is calculated on gross earnings and already reflects a flat tax deduction. Using the source-tax gross salary would distort equal treatment and economic-capacity assessment and could unjustifiably deny the child's subsistence protection. Where tax values do not match economic capacity, § 96 Abs. 3 SG requires reliance on actual capacity.