Legislator Case Law & Legislation
III RC 66/16 AI generated

Court dismissed aliment increase claim as no significant change in needs or payer's capacity occurred since divorce.

Case Number III RC 66/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the mother's claim to increase child support payments, ruling that no significant change in the child's needs or the father's financial capacity had occurred since the divorce. The mother argued her child's costs rose while she bore the full burden, but the court found her income remained stable and the father's ability to pay was unchanged despite reduced rental income. Consequently, the court held that the statutory prerequisites for increasing alimony were not met under Polish family law.

Legislator headnote

AI generated

Art. 135 § 1 k.r.s.; Art. 135 § 3 k.r.s.: An increase in alimentary obligations requires a significant change in the entitled party's needs or the obligor's financial capacity, which was not established in this case.

Keywords

AI generated
alimentary obligations child support increase financial capacity significant change family law divorce proceedings cost of living

Cited Legislation

AI generated
Art. 135 § 1 k.r.s.
Art. 135 § 3 k.r.s.
Art. 98 k.p.c.

Cited Case Law

AI generated
orz. SN z 10.10.1969 r., III CRN 350/69, OSNPG 1970/2/15
III CRN 350/69
AI generated

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