Court dismisses aliment reduction claim when prisoner's crime caused unemployment and no cost reduction exists.
Legislator summary
AI generatedThe plaintiff, a father imprisoned for a crime, sued to reduce child support payments from 550 to 300 PLN monthly, arguing his incarceration left him unemployed. The mother argued he should pay arrears and that his imprisonment should not exempt him from support obligations. The court rejected the claim because the plaintiff's criminal act caused his unemployment, preventing a reduction under Article 136 of the Civil Code, and found no evidence of reduced child-rearing costs. Consequently, the court ruled that the plaintiff could not gain a benefit from his imprisonment by lowering his support payments, dismissing the suit and assigning court costs to the state.
Legislator headnote
AI generatedArt. 136 k.r.o.; Art. 5 k.c.: If a person obligated to pay alimentary support loses earning capacity due to a crime committed by themselves, the court may disregard this change when determining the scope of support, as the loss of employment was not without cause.