Questão jurídica principal
Whether the husband's wage garnishment justified denying the wife's maintenance claim
Decisão extraída
No. The duty to maintain the spouse takes precedence over the repayment of other debts; the husband must pay monthly maintenance of CHF 1,000.
Fundamentação extraída
The husband's net income was sufficient to pay the requested maintenance. Debt repayment may be considered only insofar as it does not reduce the wife's necessary support. The husband may seek reduction of the wage garnishment through debt-enforcement revision, and the garnishment must be assessed taking actually owed maintenance into account.