III RC 39/15
AI generated
Court dismissed aliment suspension claim but partially allowed mutual suit to raise monthly child support payments.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the plaintiff's request to terminate the alimentary obligation due to changed circumstances. While the defendant argued that her financial situation improved through property sales and inheritance, the court found these actions did not eliminate her need for support given her illness and housing needs. Consequently, the obligation to pay aliment was upheld, but the monthly amount was increased to 400 PLN based on the mutual suit.
Legislator headnote
AI generatedArt. 115 § 1 k.c.; Art. 115 § 2 k.c.: The obligation to pay aliment does not cease merely because the obligee acquired assets or received inheritance if such acquisition was necessary to meet basic living needs or was not sufficient to eliminate the need for support.
Keywords
AI generated
alimentary obligation
termination of support
changed circumstances
material situation
mutual alimentary suit
child support increase
social coexistence principles
Cited Legislation
AI generatedArt. 98 kpc
Art. 100 kpc
Art. 333 § 1 pkt 1 kpc
§ 6 pkt 3 rozporządzenia Ministra Sprawiedliwości z dn. 28.09.2002 r.
§ 2 pkt 3 rozporządzenia Ministra Sprawiedliwości z dn. 28.09.2002 r.
art. 60 § 1 k.r.o
Cited Case Law
AI generatedIII CRN 55/75