Legislator Case Law & Legislation
XIII Ca 83/14 AI generated

Court partially allowed appeal to reduce child support from 450 to 250 PLN monthly due to unchanged payer's earning capacity.

Case Number XIII Ca 83/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court partially granted the appellant's appeal to reduce monthly child support payments from 450 PLN to 250 PLN, effective May 2013. The appellant argued that the children's social benefits and the mother's pension rendered the support unnecessary, but the court rejected this as the mother's income remained stable and she fulfilled her duty through personal care. The court determined the appellant's earning capacity had not diminished, citing his age, education, and health, thus upholding the original support obligation at the lower amount.

Legislator headnote

AI generated

Art. 135 § 1 k.r.s.; Art. 385, 386 § 1 k.p.c.: The scope of alimentary obligation is determined by the obligor's actual earning capacity; an appeal to reduce support is only allowed if the obligor proves a significant decrease in their ability to pay.

Keywords

AI generated
child support obligation earning capacity assessment alimentary duty reduction social benefits impact family law appeal payment capacity test court cost allocation

Cited Legislation

AI generated
Art. 135 § 1 k.r.s.
Art. 385 k.p.c.
Art. 386 § 1 k.p.c.
§ 19 in conjunction with § 6 pkt 11 of the Minister of Justice Regulation of 28.09.2002 on lawyer fees
art. 316 § 1 k.p.c
art. 328 § 2 k.p.c
art. 227 k.p.c
art. 299 k.p
art. 233 § 1 k.p

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