Spousal Support Offset by Social Insurance Reimbursement Limited by Subsistence Minimum

The court affirmed that the offsetting of a spousal support obligor's claims arising from social insurance benefits paid to the recipient against the ongoing support obligation is generally permissible under the relevant provisions of the Code of Obligations, as these claims represent a reimbursement for overpaid support. However, this right to set-off is strictly limited by the recipient's subsistence minimum, as defined by debt enforcement law, meaning only the portion of the current support payment exceeding this essential need can be used to satisfy the obligor's larger claim for past overpayments from social security benefits.