Legislator Case Law & Legislation
III RC 73/16 AI generated

Court partially allowed aliment increase due to child's chronic illness and mother's low income.

Case Number III RC 73/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court partially granted the plaintiff's request to increase child support from the previous amount to 800 PLN monthly. The plaintiff argued that the child suffers from chronic diseases requiring special diet and medical care, while the mother has limited earning capacity due to her own illnesses and the need to support a mentally ill son. The defendant claimed he earns well and has no arrears, but the court found the plaintiff's needs significantly increased while the defendant's financial situation improved, justifying the partial increase.

Legislator headnote

AI generated

Art. 1000 § 1 k.r.s.; Art. 1000 § 2 k.r.s.: The court may increase child support when the child's needs rise due to illness or the parent's income falls, balancing the obligor's ability to pay.

Keywords

AI generated
child support increase chronic illness expenses parental income disparity medical care costs family law aliment

Cited Legislation

AI generated
Art. 481 § 1 kc
Art. 481 § 2 kc
Art. 100 kpc
Art. 113 ust. 4 ustawy z dn. 28 lipca 2005 r. o kosztach sądowych w sprawach cywilnych
Art. 333 § 1 pkt 1 kpc

Cited Case Law

AI generated
III CRN 350/69

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