Global vs. Individual Subsistence Calculation for Legal Aid with Minor Children

The court addressed whether, when calculating the necessary subsistence level for legal aid (Unentgeltliche Rechtspflege, UR) for an applicant living with minor children, a global calculation incorporating child support payments and allowances as income should be used. The court affirmed its prior practice of generally employing a global calculation, reasoning that the included income (child support/allowances) is typically lower than the necessary expenses deemed attributable to the child (basic needs, housing contribution, insurance, etc.), thereby balancing the equation. However, the court qualified this by stating that this practice must yield to individual cases where a global calculation would unfairly use mandated child support funds to cover the applicant's own legal costs, as child support constitutes earmarked funds; thus, in such instances, an individual calculation for the applicant is required to comply with federal jurisprudence.