Alimony for children in Poland

According to article 133 of Code of Family parents are required to pay maintenance to a child who is not yet able to sustain himself unless the income from the child's property is sufficient to cover his maintenance. Parents may waive their obligation to make maintenance payments towards an adult child if it is combined with undue impairment or if the child fails to make self-maintenance.

The parental maintenance obligation towards children in Poland is generally up to the age of 18 years, or until the child has completed public school education on a day-to-day basis, no longer than until the age of 25. The exception is to provide for a child with a disability who is not able to maintain himself (maintenance obligation does not expire).

The duration of maintenance obligation in Poland can be set by the court (the court examines the reasonableness of the maintenance obligation on request) - the above mentioned circumstances may constitute grounds for its abrogation. An alternative to a court case may be an agreement between the parties.

Until the age of 18, maintenance is paid to the other parent, or the court determines in another judgment the way in which the alimony is paid (eg part of the money is paid directly to the school or to the attachment). After the age of 18, alimony is paid to the child and not to the other parent.

The scope of the maintenance obligation of parents is specified in article 135, which states what the court takes into account in determining the amount of maintenance:

  • justified needs of the child depending on child's age, health status, etc.
  • profitability of parents.

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