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III RC 588/16 AI generated

Court dismissed father's claim to reduce child support citing unchanged needs and father's ability to recover employment.

Case Number III RC 588/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court dismissed the father's lawsuit requesting a reduction of child support from 750 PLN to 500 PLN per month. Although the father claimed job loss and reduced income, the court found his unemployment resulted from a negative performance review and he remains capable of finding work quickly. The mother's needs for education and sports activities remained unchanged, and the existing support amount was deemed appropriate given the father's financial potential.

Legislator headnote

AI generated

Art. 133 § 1 k.r.s.; Art. 135 § 1 k.r.s.; Art. 138 k.r.s.: A change in circumstances justifying a modification of child support requires a genuine reduction in the obligor's earning capacity or an increase in the entitled party's needs, which was not established here as the father's unemployment was self-inflicted and the child's needs persisted.

Keywords

AI generated
child support modification change of circumstances earning capacity assessment unemployment justification alimentary obligation

Cited Legislation

AI generated
Art. 133 § 1 k.r.s.
Art. 135 § 1 k.r.s.
Art. 138 k.r.s.
Art. 316 § 1 k.p.c.
Art. 98 § 1 k.p.c.
AI generated
III RC 71/20
Court orders father to pay 600 PLN monthly child support despite his claim of low income.
III RC 771/22
Court dismisses alimentary obligation termination claim due to lack of material change in circumstances under Family Code Art. 138.
IV RC 404/23
Court partially allows aliment increase from 650 to 1000 PLN, dismissing remainder due to mother's improved financial situation.
III RC 445/14
Court partially allowed alimentary claim, setting monthly support at 450 PLN based on parents' equal standard of living.
III RC 292/20
Court grants partial alimony and costs to child while dismissing excess claim due to parents' financial means.

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