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