Each parent is obliged to provide the child’s means of support, unless the property of the minor fully allows for securing these needs. Alimony belongs to the child, regardless of the place where he or she is confused. Polish law does not provide for the possibility of waiving alimony, which would be effective in the future. They are also a strictly personal service, so they can not be transferred to another person.
The maintenance obligation in accordance with Polish law burden relatives in a straight line and siblings. It aims to meet the needs related to maintaining and raising a child. So it does not matter where the child resides permanently or temporarily – the obligee will still be burdened, because regardless of this, parents are always parents.
Contribution to raising a child and alimony
According to art. 135 § 1 K.r.o. the scope of maintenance depends on the justified needs of the rightholder, but also on the earning and property capacity of the obligated person. In short, it can be said that the court takes into account not how much the child’s parent earns and how much he can earn. In addition, the court takes into account personal efforts to maintain and raise the child. By law, they can be part of, or even the whole cost of maintenance. In a situation where a child stays with one of his parents permanently abroad, his natural contribution will be significant in the life of the child, and thus the court may order a lesser maintenance obligation. However, this is not the rule, and each case is examined individually. .
Needs and their satisfaction
In the course of court proceedings, it is first of all necessary to prove what are the justified needs of a minor child. In determining them, the court takes into account many factors, including the age of the child, his place of residence, the environment in which he is brought up and other individual circumstances. The child has the right to live at the level on which his parents live. Thus, the court determines the actual earning and financial resources of parents. The justified needs can not differ from their capabilities, in particular the obligor. These two values affect the amount of agreed maintenance. Financial opportunities must be realistic if they are obliged to do so. They can be both financial and collected in kind.
Voluntary renunciation of alimony
Polish family law does not provide for a situation in which the person entitled, and even more the person taking care of him, waives alimony. The only option not to pay them in accordance with the law is not to file a petition for alimony. Being a child outside of the country so it is not a reason to not pay maintenance, because the parent is still a parent and is obliged to pay for the child. In such a situation, however, the proportions in the amount of the liability may change. In examining the case, the court, when determining the amount of the maintenance payment, must take into account the purchasing power of the remuneration of both parents. Obtaining maintenance in any case requires submitting a petition to court.