III RC 289/15
AI generated
Court partially allowed alimony claim for student, dismissing excess and noting mother's partial duty.
Poland (PL)
Legislator summary
AI generatedThe court ordered the father to pay 1,700 PLN monthly alimony, partially granting the plaintiff's initial request of 2,000 PLN while dismissing the increase. The plaintiff argued financial necessity as a student, whereas the defendant claimed his wife and mother-in-law also had support obligations. The court balanced these factors, ruling that while the father must contribute, the mother's duty is not entirely extinguished, leading to a reduced award.
Legislator headnote
AI generatedArt. 100 § 1 k.r.s.; Art. 98 § 1 k.p.c.: The court must balance the obligor's ability to pay against the obligee's needs, considering that the mother's alimentary duty persists alongside the father's, justifying a reduction in the awarded amount.
Keywords
AI generated
alimony obligation
student status
partial support
mother's duty
financial capacity
court costs
immediate enforceability
Cited Legislation
AI generatedArt. 333 § 1 pkt 1 kpc
art. 113 ust. 1 ustawy z dnia 28 lipca 2005 r. o kosztach sądowych w sprawach cywilnych
art. 96 ust. 1 pkt 2
art. 98 § 1 i § 3 k.p.c.
art. 133 § 1 k.r.o
art. 135 § 1 k.r.o
art. 98 § 1 k.p.c