Key legal question
Whether the refusal of free legal aid violated Art. 29(3) BV because indigence was assessed on an incorrect budget calculation.
Extracted holding
Yes. Once the omitted housing and social-security costs were included, the husband showed an uncovered monthly deficit, so indigence could not be denied.
Extracted reasoning
The cantonal court accepted the factual correction but still reached the wrong conclusion. Under Art. 29(3) BV, indigence exists when litigation costs cannot be borne without encroaching on the necessary living expenses. With a deficit of CHF 1,567.50, the applicant could not amortize the litigation costs within a year.