Legislator Case Law & Legislation
XIII Ca 629/14 AI generated

Appeal dismissed; mother's income deemed sufficient for grandchild despite son's partial employment and care duties.

Case Number XIII Ca 629/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Court of Appeal dismissed the appellant's appeal against the lower court's refusal to order alimony from the appellant's mother. The appellant, a 19-year-old student with limited earning potential, argued that the mother could not afford to support her grandchild given her own financial obligations. The court found the mother's net income of 2,130 PLN monthly sufficient to cover the grandchild's needs of 700-800 PLN, noting the appellant's partial employment and family support duties. Consequently, the court ruled the appellant was not in a state of insufficiency and rejected the claim for additional financial support.

Legislator headnote

AI generated

Art. 385 k.p.c.; The court may dismiss an appeal if the lower court's findings of fact are not contradicted by the evidence and the legal assessment of the parties' financial capacity to provide alimony is correct.

Keywords

AI generated
alimony appeal financial capacity insufficiency of funds family support student employment grandchild maintenance dismissal of appeal

Cited Legislation

AI generated
art. 385 k.p.c.
art. 129 § 1 k.r.o
art. 132 k.r.o
art. 135 § 1 k.r.o
art. 233 § 1 k.p.c
art. 128 k.r.o
art. 385 k.p.c

Cited Case Law

AI generated
III CRN 66/74

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