Questão jurídica principal
Whether the respondent's failure to enforce alimony indexation counts as waiver income under EL law
Decisão extraída
Yes. A waiver of income under Art. 11(1)(g) ELG does not require a single express act; tacit non-enforcement of an enforceable claim can qualify, and the foregone indexation must be counted.
Fundamentação extraída
The respondent had a legal claim to indexed alimony but did not pursue it for years. The resulting lower actual payments stem from that waiver, not from a compensable circumstance under EL law.