Facts
In this case, the question was whether current and accrued taxes as well as the full leasing rates for a leased vehicle should be taken into account in the existential minimum under debt enforcement law of the maintenance debtor.
The wife (appellant) requested the Federal Court to increase the maintenance contribution of the husband (respondent). The issue was the consideration of the current taxes and the full leasing rates in the existential minimum under debt enforcement law of the respondent.
Considerations
The Federal Court decided that the consideration of the current and accrued taxes in the existential minimum under debt enforcement law of the maintenance debtor is arbitrary. According to the established case law of the Federal Court, taxes are not to be included as a surcharge to the basic amount in the existential minimum pursuant to Art. 93 DEBA.
However, the inclusion of the full rates for a leased vehicle with competence character is constitutionally compliant. Leasing rates for a car with competence character are to be taken into account in…