Legislator Case Law & Legislation
XIII Ca 1/15 AI generated

Appeal dismissed; no significant change in children's needs or father's ability to pay found under Art. 138 KRO.

Case Number XIII Ca 1/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Court of Appeal dismissed the parents' appeal to increase child support payments against the father. The lower court found that the children's needs had not significantly increased and the father's financial capacity remained sufficient, noting he covered many costs during visitation. The appellate court upheld this decision, ruling that the appellant failed to prove a substantial change in circumstances under Article 138 of the Civil Code.

Legislator headnote

AI generated

Art. 138 k.r.o.; Art. 385 k.p.c.: Child support may be increased only upon proof of a significant change in the child's needs or the obligor's financial capacity, which was not established in this case.

Keywords

AI generated
child support increase significant change of circumstances financial capacity assessment visitation costs appeal dismissal Civil Code Art 138 parental responsibility

Cited Legislation

AI generated
Art. 138 k.r.o.
Art. 385 k.p.c.
art. 138 k.r.o
art. 233 § 1 k.p.c
art. 328 § 2 k.p.c

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