Alimony belongs to every child raised by one of the parents. Their amount can be determined by the parents themselves, for example by the presence of a mediator, and if it is impossible – this is done at the request of the right holder. He takes into account the legitimate needs of the child. This is the main criterion that determines their height. The legislator does not provide any amounts of maintenance, so their amount depends on the judgment issued after analyzing the specific situation.
In Poland, there are no tables or studies that would determine the amount of maintenance. This causes significant discrepancies in their amount between courts and even cases in the same unit. Their amount is therefore entirely dependent on the court.
Breakdown of alimony obligation
When determining the amount of maintenance, the courts in Poland do not take into account the amount of earnings of the person obliged to alimony, and his earning capacity. In addition, he also has his own professional and life experience. Based on these data, maintenance must safeguard the child’s justified needs. You also have to take into account that they are not always divided in half. A parent who carries out care every day, so he puts more effort into looking after a minor, he may demand a disproportionate breakdown of the costs of his maintenance. Child care is not measurable and can not be determined in money, but also taken into account in child support. The standard disproportionate division of the obligation to maintain a minor is 60/40 or even 70/30. This means that the person required to pay maintenance will cover a greater part of the child’s maintenance costs than the one with which the child lives on a daily basis.
Justified needs of the child
The alimony claim is filed with the family department and the juvenile district court in the place of residence of the child or defendant. The submission of a petition is exempt from court costs.
The amount of the claim should be for the amount of maintenance multiplied by 12 months. The value of the subject of the dispute so determined means de facto the annual amount of maintenance. The claim should have justification. It must contain detailed costs of child maintenance, but also describe the family, property and professional situation of the person obliged to pay maintenance. It does not matter, therefore, that the obligated person earns little, since his earning capacity is much higher.
The claim also does not need to prove obvious costs, such as bread prices, but additional dance lessons already. The court will, however, only consider the reasonable costs of maintaining the child, which level is consistent with the level of life of the parents. The basic costs of living, which the court will certainly take into account, include, among others, payments for an apartment, including electricity, water, gas, internet, the cost of food, education, treatment, but also the needs related to entertainment and leisure. It is worth to support real bills and invoices on the basis of which the court will determine the amount of maintenance.
The maintenance judgment is automatically issued with an immediate enforceability clause. This means that its provisions come into effect when announced.