Kernrechtsfrage
Whether a 13th-month salary may be prorated over the year when calculating maintenance capacity despite an unmet subsistence minimum.
Extrahierter Entscheid
No. If the debtor's subsistence minimum is not met, the 13th-month salary may not be distributed proportionally over the year so as to increase monthly income on paper.
Extrahierte Begründung
The court held that monthly essential expenses arise every month and not only in December. A calculation that increases the debtor's monthly disposable income by annualising the 13th salary would intrude more than marginally into the protected subsistence minimum. However, if a 13th-month salary or bonus is actually paid, a duty to pay it over can be ordered to the extent necessary.