Questione giuridica chiave
Whether a hypothetical earning capacity may be imputed to a spouse who is in first vocational training
Decisione estratta
No. For a very young spouse completing a relatively short first apprenticeship that cannot reasonably be combined with additional work and improves future earning prospects, a hypothetical income is generally not justified.
Motivazione estratta
The court distinguished the Federal Supreme Court case cited by the office, stressed the special weight of first-time training for young adults, and held that the spouse cannot be required to abandon the apprenticeship. The actual apprenticeship wage is the only income to count.