Questão jurídica principal
Whether unpaid family-law maintenance contributions must be counted as income for supplementary benefits when they are objectively uncollectible.
Decisão extraída
No. If all reasonable legal means to enforce the maintenance claim have been exhausted and the debt is objectively uncollectible, the alimony is not attributable as income.
Fundamentação extraída
Maintenance is only counted under Art. 3c ELG when it is actually available or at least collectible. Here, the husband had no known address abroad, enforcement attempts were futile or not realistically promising, and the evidence made objective uncollectibility sufficiently probable. Therefore no deemed waiver and no income attribution could be based on the unpaid maintenance.