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III RC 298/17 AI generated

Father's alimentary claim dismissed due to lack of financial need and daughter's ability to pay.

Case Number III RC 298/17
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 claim for monthly maintenance against his adult daughter. The father argued he was unable to work due to health issues and homelessness, while the daughter contended he had abandoned her, failed to pay past alimony, and was unfit to claim support. The court ruled that the father did not demonstrate sufficient financial need or inability to obtain support from other sources, and the daughter possessed adequate earning capacity to fulfill her obligation.

Legislator headnote

AI generated

Art. 128 § 1 k.r.s.; Art. 129 § 1 k.r.s.; Art. 132 k.r.s.; Art. 135 § 1 k.r.s.: An alimentary obligation exists only if the obligor cannot obtain necessary support from closer relatives or other sources without excessive hardship, and the scope depends on the claimant's needs and the obligor's financial capacity.

Keywords

AI generated
alimentary obligation financial capacity adult child support financial need closer relatives priority maintenance claim civil procedure

Cited Legislation

AI generated
Art. 128 § 1 k.r.s.
Art. 129 § 1 k.r.s.
Art. 132 k.r.s.
Art. 135 § 1 k.r.s.
Art. 5 k.c.
Art. 96 § 1 pkt 2 Ustawy z dnia 28.07.2005r. o kosztach sądowych w sprawach cywilnych
Art. 98 § 1 k.p.c.
AI generated
III RC 222/15
Court partially allowed alimentary claim, awarding 400 PLN monthly per child while dismissing excess due to lack of proof.
III RC 320/25
Court dismisses partial allowance of alimentary support increase due to risk of dual enforceable titles.
VI RC 28/16
Father ordered to pay 1000 PLN monthly child support despite existing 500 PLN obligation due to mother's financial burden.
XIII Ca 565/13
Court allows appeal to terminate alimony due to significant change in circumstances and excessive burden on payer.
VI K 1285/17
Court convicted father of willful neglect of child support duty under Polish Criminal Code.

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