III RC 43/18
AI generated
Father ordered to pay 400 PLN monthly child support despite claiming financial hardship and non-participation in child's life.
Poland (PL)
Legislator summary
AI generatedThe court partially dismissed the mother's claim for 500 PLN monthly child support, ordering the father to pay 400 PLN instead. While the father admitted to a lower amount, the court found he had sufficient income from his job and farm to support the child. The decision was based on the father's ability to pay and the mother's primary role in daily care.
Legislator headnote
AI generatedArt. 135 § 1, Art. 135 § 2 k.c.; The court must determine child support based on the obligor's actual and potential earning capacity, considering their other obligations and the child's needs, rather than solely on the claimant's request.
Keywords
AI generated
child support obligation
alimentary duty
earning capacity assessment
family law dispute
minor child maintenance
court discretion
financial means
Cited Legislation
AI generatedArt. 135 § 1 k.c.
Art. 135 § 2 k.c.
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 CRN 350/69
Related Decisions
AI generatedIII RC 101/21
Court partially allowed parents' claim to raise child support from 300 to 500 PLN per child despite father's income limits.
IV RC 498/21
Court partially allowed child support increase due to changed circumstances and rising educational costs.
III RC 479/15
Court partially allowed aliment increase to 700 PLN due to medical needs but dismissed claim for 1000 PLN.
III RC 151/12
Court partially allows child support increase for one child based on improved father's income and costs.
III RC 265/18
Court dismisses aliment reduction claim due to increased child-rearing costs and equal parental contribution findings.