Self-Employment Income Assessment and Surplus Division in Family Support Proceedings

The court addressed principles for determining income from self-employment in summary proceedings for family law support payments and the division of surplus income when a saving quota existed during cohabitation. The reasoning established that income from self-employment should be critically assessed, scrutinizing accounting entries for hidden private withdrawals and checking the appropriateness of depreciation, potentially relying on tax data or living expenses over a long comparison period if documentation is inadequate or fluctuating. Regarding surplus division, the court held that while a saving quota existed previously, the spouse seeking support is entitled to a share of the surplus after mandatory costs (including separation-related increased costs) are covered, as the right to support is based on the former standard of living; consequently, the applicant, who cares for a minor child, was entitled to approximately 60% of the collective surplus because the separation costs exceeded the previous savings rate.