III RC 39/18
AI generated
Court partially allows family support claim based on equal standard of living principle and health disparity.
Poland (PL)
Legislator summary
AI generatedThe court partially dismissed the plaintiff's claim for family support, awarding 300 PLN monthly while rejecting the remainder. The plaintiff, a severely ill and low-income wife, argued for support under the equal standard of living principle, while the defendant left her without financial aid despite his own higher income. The court ruled that the awarded amount would equalize their living standards without harming the defendant's maintenance, thus granting the claim in part.
Legislator headnote
AI generatedArt. 27 k.r.o.; Art. 481 § 1, § 2 kc; The court must apply the principle of equal standard of living for spouses, awarding support to the disadvantaged party when one spouse abandons the other without financial support despite having sufficient means.
Keywords
AI generated
family support claim
equal standard of living
spousal separation
health disparity
civil family law
partial dismissal
maintenance obligation
Cited Legislation
AI generatedArt. 27 k.r.o.
Art. 481 § 1 kc
Art. 481 § 2 kc
Art. 100 kpc
Art. 113 ust. 1 ustawy z dn. 28 lipca 2005 r. o kosztach sądowych w sprawach cywilnych
Art. 333 § 1 pkt 1 kpc
Cited Case Law
AI generatedIII CZP 43/72
Related Decisions
AI generatedIII RC 855/16
Court dismisses alimentary claim against ex-husband as plaintiff is not in financial need with father's support.
IV RC 544/19
Court dismissed mother's alimentary claim against daughter-in-law citing public policy and daughter's prior misconduct.
III RC 139/15
Alimony claim dismissed as divorce did not materially worsen plaintiff's financial situation compared to pre-divorce state.
III RC 862/16
Court dismissed claim to terminate alimony citing unchanged needs and payer's ability to support ex-wife.