Legislator Case Law & Legislation
III RC 28/20 AI generated

Court partially allowed child support claim, setting monthly payment at 700 PLN based on father's income and child's needs.

Case Number III RC 28/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court partially granted the minor's claim for child support, ordering the father to pay 700 PLN monthly while dismissing the request for 1200 PLN. The plaintiff argued that the current 700 PLN contribution was insufficient given the high costs of childcare and the parents' separation, whereas the defendant claimed the existing amount was adequate. The court ruled that while the obligation to pay was undisputed, the specific amount must balance the child's reasonable needs against the father's financial capacity and his ongoing involvement in the child's upbringing.

Legislator headnote

AI generated

Art. 133, 135 k.r.s.; Art. 753 § 1 k.p.c.: In child support cases, the security measure is based solely on the likelihood of the claim's existence; the absence of a threat of non-payment does not negate the legal interest in granting security if the obligation is undisputed.

Keywords

AI generated
child support obligation security measure financial capacity assessment child's reasonable needs co-parenting costs family law procedure alimentary claim

Cited Legislation

AI generated
Art. 133 k.r.s.
Art. 135 k.r.s.
Art. 753 § 1 k.p.c.
art. 730 § 1 k.p.c
art. 753 § 1 k.p.c

Cited Case Law

AI generated
VI ACz 1441/11
AI generated

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