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III RC 473/17 AI generated

Court increases child support to 550 PLN monthly but dismisses remainder due to partial agreement and statutory limits.

Case Number III RC 473/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court increased the child support payment from 340 PLN to 550 PLN monthly while dismissing the plaintiff's request for the remaining amount. The plaintiff argued that her needs had risen significantly over nine years, including costs for international studies, while the defendant claimed inability to pay due to low income. The court found the defendant's income sufficient to cover the increase but noted the plaintiff's mother provides substantial support, leading to a partial award and dismissal of the excess claim.

Legislator headnote

AI generated

Art. 133 § 1 k.r.; Art. 135 § 1 k.r.; Art. 138 k.r.: Parents are obligated to provide support based on the child's justified needs and the obligor's financial capacity; a change in circumstances allows for modification, but the court must balance the obligor's remaining obligations and the child's actual needs.

Keywords

AI generated
child support increase alimentary obligation financial capacity assessment international studies costs partial dismissal of claim procedural costs allocation change of circumstances

Cited Legislation

AI generated
Art. 133 § 1 k.r.
Art. 135 § 1 k.r.
Art. 138 k.r.
Art. 102 k.p.c.
AI generated
III RC 257/15
Court partially allowed aliment increase due to school costs but dismissed excess claim against non-custodial parent.
III RC 76/15
Court dismissed mother's request to raise child support from 400 to 800 PLN due to increased father's income and mother's higher expenses.
III RC 83/14
Court partially allows child support increase due to child's school costs and mother's housing debt.
III RC 597/14
Court partially allowed child support increase from 300 to 600 PLN based on child's needs and father's ability to pay.

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