Legislator Case Law & Legislation
XIII Ca 18/14 AI generated

Appellate court reduced alimony from 700 to 500 PLN by correcting the lower court's assessment of the father's earning capacity.

Case Number XIII Ca 18/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The appellate court partially granted the appellant's request to reduce monthly alimony from 700 to 500 PLN, reversing the first-instance judgment's amount. The lower court had incorrectly assessed the father's earning potential, failing to account for his revoked driver's license, poor health, and lack of recent experience as a mechanic. Consequently, the court determined the father's earning capacity was lower than previously established, necessitating a reduction in the support obligation to match the mother's actual needs.

Legislator headnote

AI generated

Art. 135 § 1 k.r.s.; Art. 385, 386 § 1 k.p.c.: The court must independently assess the obligor's earning capacity and the claimant's needs; if the first instance incorrectly evaluates the obligor's ability to pay, the appellate court may reduce the alimony amount accordingly.

Keywords

AI generated
alimony reduction earning capacity assessment health status impact mechanic profession driver's license revocation appellate review family law dispute

Cited Legislation

AI generated
Art. 135 § 1 k.r.s.
Art. 385 k.p.c.
Art. 386 § 1 k.p.c.
Art. 102 k.p.c.

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text