III RC 136/20
AI generated
Court dismisses aliment reduction claim when prisoner's crime caused unemployment and no cost reduction exists.
Poland (PL)
Legislator summary
AI generatedThe plaintiff requested a reduction of monthly child support from 400 to 250 zlotys, citing his imprisonment and lack of income. The court found that the plaintiff's incarceration resulted from his own criminal act, which destroyed his employment prospects, and that the child's living costs had not decreased. Consequently, the court ruled that the plaintiff could not claim a reduction based on lost earning capacity and dismissed the lawsuit.
Legislator headnote
AI generatedArt. 136 k.r.o.; Art. 5 k.c.: If a person obligated to pay alimentary support loses employment or income due to a crime they committed, the court may disregard this change when determining the scope of support, as the loss is not attributable to circumstances beyond their control.
Keywords
AI generated
alimentary support reduction
prisoner employment loss
criminal act causation
social coexistence principles
unjust enrichment prevention
child support enforcement
court costs allocation
Cited Legislation
AI generatedArt. 136 k.r.o.
Art. 5 k.c.
Art. 113 ust. 4 ustawy z dnia 28 lipca 2005 r. o kosztach sądowych w sprawach cywilnych
Art. 96 ust. 1 pkt 2 ustawy z dnia 28 lipca 2005 r. o kosztach sądowych w sprawach cywilnych
art. 138 k.r.o
art. 136 k.r.o
art. 135 k.r.o
Cited Case Law
AI generatedIII CZP 178/94
Related Decisions
AI generatedIII RC 44/14
Court dismissed father's request to reduce child support because he voluntarily imprisoned himself.
IV RC 734/16
Court dismisses father's claim to reduce child support due to prison, citing his high earning potential and children's needs.
III RC 9/21
Court dismisses aliment reduction claim when prisoner's crime caused unemployment and no cost reduction exists.
III RC 114/21
Court dismisses father's request to reduce child support due to prison and increased child needs.