Questão jurídica principal
Whether the debtor's subsistence minimum may be invaded for enforced alimony claims
Decisão extraída
Yes, but only if the creditor actually needs the maintenance payments to cover her own subsistence; this must be examined ex officio.
Fundamentação extraída
The court reaffirmed that Art. 93 SchKG normally protects the debtor's minimum subsistence, but an exception applies for maintenance claims by family members. The authorities must verify on their own whether the creditor lacks means to cover her own needs.