The maintenance obligation in Poland is an individual matter, dependent on many factors. Maintenance obligations may occur on a different line of kinship – parents with respect to children, children with respect to parents or a former spouse with respect to another. The most common case is the situation where the maintenance obligation applies to parents towards children. According to Polish family and guardianship law, parents should pay for the maintenance of their child until he or she becomes independent. An important issue is the fact that the age of the child does not matter. If the child reaches the age of majority, but does not take up paid work, he or she continues to learn the maintenance obligation does not cease.
There are situations when the parents themselves determine the amount of maintenance by agreement of the parties. However, a very common case is when the parents do not reach an agreement, then it is necessary to conduct a court hearing. When determining the amount of maintenance, the child’s needs and the financial capacity of the obligated person are taken into account.
Taking into consideration the financial possibilities of the obligated person, the court considers the following issues: income, possessions, age, education, professional experience, health status. In turn, the child’s needs include costs related to feeding the child, ensuring the use of utilities (electricity, water, gas, Internet, television, etc.), access to education, entertainment, physical culture, health protection or treatment. When determining the amount of maintenance, keep in mind the child’s right to live on the same standard of living as the parents.
In the alimony claim, the amount of maintenance should be determined, this amount should be justified. The claim must be accompanied by evidence of costs incurred by the parent who oversees the child (invoices documenting purchases for the child, invoices for medicines, certificates for additional activities of the child). You can also use the testimonies of people called for a witness who know the financial situation of the family.
It should also be remembered that the amount of maintenance may change. With the development of the child, his needs may increase – it is reasonable in this situation to apply for a claim to increase the amount of maintenance due. A claim to increase child support must be justified. A prerequisite for increasing child support may be the child’s use of various forms of additional activities, including random situations such as deterioration of the child’s health leading to the emergence of medical costs is a reason to increase the amount of maintenance.
There are also situations when the financial situation of a parent is significantly deteriorated, including loss of job, appearance of a new child. In this situation, the parent who pays maintenance also has the right to apply to the court for a reduction of the maintenance obligation.
It should be emphasized that when assessing the financial status of the person obliged to pay alimony, no credits taken by it are taken into account, the same applies to court costs.
The amount of the maintenance amount, as already mentioned, can be determined by a parental agreement or in court. However, it is worth considering using the second option, which gives the maintenance creditor (the child or acting on his behalf the effective parent) for the enforcement of alimony when the maintenance debtor (the parent obliged to pay maintenance) evades this obligation.