II K 754/19
AI generated
Court rejects defense that alimentary duty ends at 18, ruling it requires separate court order.
Poland (PL)
Legislator summary
AI generatedThe court rejected the defendant's argument that the alimentary obligation ceased automatically upon the child turning 18. The defense claimed the duty ended because the son was self-supporting, but the court found this interpretation incorrect under the Family and Guardianship Code. Consequently, the court ruled that the obligation persists until formally lifted by a separate court decision, thereby upholding the enforcement proceedings.
Legislator headnote
AI generatedArt. 133 Kodeksu rodzinnego i opiekuńczego; The alimentary obligation of parents towards a child does not terminate automatically upon the child reaching the age of majority or becoming self-supporting; it continues until formally extinguished by a specific court ruling.
Keywords
AI generated
alimentary obligation
age of majority
Family and Guardianship Code
enforcement proceedings
termination of duty
court order required
self-supporting child
Cited Legislation
AI generatedArt. 133 Kodeksu rodzinnego i opiekuńczego
art. 387 k.p.k
Related Decisions
AI generatedIX K 1066/22
Court convicted father of willful alimentary evasion and sentenced to 6 months of community service.
X K 1050/14
Court convicted defendant of neglecting child support duty and suspended prison sentence due to good behavior.
IV Ka 453/15
Court dismisses appeal on recidivism description error but reduces sentence due to lack of prior similar crime.
II K 683/13
Court acquits defendant of alimentary evasion due to lack of malicious intent and insufficient evidence of willful refusal.
VII K 176/21
Court sentenced defendant to one year and two months imprisonment for non-payment of child support to two children.