Obligation of maintenance is one of the basic duties of parents. It refers to a number of provisions of the Polish Family and Guardianship Code (abbreviated as last year), and Art. 133 § 1 of this act indicates explicitly that ‘parents are obliged to receive maintenance for a child who is not yet able to maintain themselves, unless the income from the child’s property is sufficient to cover the costs of his maintenance and upbringing’. More and more cases concerning this obligation are of a cross-border nature (we have such cases when one of the parents is a foreigner or when the child resides in a country other than the parent), and many people do not know whether the change of residence the child and his travel abroad in order to stay there permanently involves maintaining or repealing this obligation.
Scope of alimony obligation
At the very beginning it should be pointed out that the fact whether the parent is obliged to pay maintenance to the child is never dependent on the place of stay of the latter. This fact means that even the departure of a child abroad is not a reason for this obligation to be revoked. The obligation to provide the offspring with the right conditions for life and development simply results from being a parent.
Judgments of Polish courts
If the maintenance case was examined by a court adjudicating on the territory of Poland, then the person who, as a result of the decision, was obliged to provide maintenance for children, should fulfill this obligation regardless of whether they are staying in the country or not. Even if the offspring resides permanently in a country where another legal system is in force (for example in the UK, where the Anglo-Saxon system prevails), he is entitled to receive maintenance from the parent by virtue of the Polish court ruling. Many people remain in the mistaken belief that moving a child to a foreign state will make the Polish sentence lose its power. However, this is not true, and the obligations arising from the latter remain on the debtor.
Increasing child support
You can also apply for the increase of child support awarded by a Polish court in certain cases abroad. If the plaintiff or his representative (in the case of a minor child) can prove that this increase is justified, then along with the verdict issued, the Polish judgment will be terminated.
A handful of information about the maintenance obligation
Finally, it should also be mentioned that the parents’ obligation to pay maintenance is contrary to popular belief, not only the obligation to receive cash benefits for the child who is not under their care, but also all personal efforts to ensure that the offspring is properly educated and maintenance. It is worth remembering this and not limited to cash benefits only.
If we are a participant in a cross-border alimony case, then let us consider using a qualified lawyer. These types of proceedings are usually highly complex. For this reason, professional support is often necessary