Divorce case and maintenance
In the final form, the divorce case settles not only the recognition of the distribution of marital life, but also decides about other issues that correspond with family life, which are often of a property character. Establishment of maintenance for one of the spouses depends largely on the outcome of the divorce case, because finding a guilty breakup of the marriage, disqualifies him in demanding cash benefits from the ex-spouse. However, remaining guilty or acknowledging the guilt of both parties entitles you to set up maintenance for the spouse who is in need.
In the light of family and welfare law, an entity living in need is considered primarily a person without any means of subsistence, but also an entity whose justified needs are not fully satisfied. Although the grounds for granting maintenance seem to be clearly specified, jurisdictional practice allows some departure from the rule in this respect. For example, the court may determine the provision of maintenance for an innocent spouse who is not in a state of deprivation if the divorce decree has a material effect on his or her financial situation.
Maintenance for children
The issue of alimony obligations in the case of children takes on a much wider dimension. In addition to material issues, there are also obligations of an educational nature that are a component of fulfilling the parental mission and the condition for maintaining custody rights. First of all, it means providing cultural, intellectual and moral development as well as preparation for future independent living. Distinguishing between maintenance for personal and property, often determines the division of roles between parents, which occurs as a result of the divorce decree. Granting one of the spouses full obligations with an educational color results in imposing on the second obligation to cover the costs of the descendants’ existence. The maintenance obligation exists throughout the child’s education, even if it reaches the age of majority, the obligation to pay alimony does not cease. This is to enable education and professional predispositions, without worrying about the cost of living. The exception is the situation when the child is unable to become independent, as a result of his own failings and negligence, then the maintenance obligation may be waived.
Exemptions from payment of maintenance
There are also circumstances in which it is not necessary to adjudicate on the provision of maintenance. The motive for the court to take this decision may be to say that the child will be able to satisfy his own needs with income from his own rights. Another premise is proving that the optimal source of livelihood for a child can be funds from the sale of things that belong to him. However, this circumstance requires the approval of the guardianship court. Neither the descendant nor the parent can decide for themselves to sell these things, as this is an activity beyond the scope of ordinary management.
Amount of maintenance
The amount of alimony established with respect to one of the parents varies and depends on several factors. The key aspect is to determine whether a person remains in an employment relationship or is an unemployed person. In addition, the factor taken into account is the amount of income and earning potential, which vary depending on the sex, age and education of the person obliged to pay maintenance. Sometimes, it is also examined, the ability and predisposition to multiply income, and also whether all steps have been taken to take up employment.
Rights of foreigners wishing to divorce Poland
As a rule, a claim for divorce and a claim for the maintenance of alimony of persons living abroad may be considered before a Polish court. The jurisdiction of the court is determined by the place of residence or stay of ordinary spouses and the fact that they have Polish citizenship. In all other cases, reference should be made to international law. If you are a citizen of the European Union, the rules for determining the competent court in your case can be found in Council Regulation (EC) No. 2201/2003 of November 27, 2003. However, if you live outside the European Union, the jurisdiction of the Polish court will be based on the provisions of the Code civil proceedings. First of all, the case may be resolved in Poland if your spouse has Polish citizenship and resides or resides in the territory of the Republic of Poland, at least 6 months before the proceedings are initiated.
Despite the fulfillment of the conditions allowing a divorce hearing in Poland, there may be discrepancies in the application of the subject regulations. Not always, because recognition of the jurisdiction of the Polish court means that it will be appropriate to apply a well-established law in Poland. For spouses who have Polish citizenship, even if it is one from the two granted citizenships, it will be correct to apply the regulation of the spouses’ right of their own. If the parties do not have a common, domestic right, then the law applicable in the place of their residence shall apply. If the persons concerned, at the time of submitting divorce documents, do not live together, the legal regime applicable at the place of their last common residence is appropriate. Only when it is impossible to determine whereabouts, the court applies Polish law.