Questão jurídica principal
Whether supplementary benefits (Ergänzungsleistungen) may be counted as income when determining maintenance capacity under Art. 152 aZGB.
Decisão extraída
As a rule, supplementary benefits are not to be treated as income for maintenance purposes because they are subsidiary in character; however, in the case at hand the court considered their inclusion justified on equitable grounds until the wife herself had no entitlement to supplementary benefits.
Fundamentação extraída
The court distinguished supplementary benefits from ordinary replacement income. Unlike AHV/IV or unemployment benefits, they are means-tested and arise only if income and assets remain below statutory limits. Although doctrinal opinion is divided, the prevailing view and the subsidiary nature of such benefits militate against ordinary income attribution; the court nevertheless accepted a case-specific equitable set-off.