Blog
Attorney Milena Nowicka
What is child support?
How much is child support?
When can the amount of child support be changed?
Child support – how can it be determined?
How to file a child support claim – 7 key elements
Which court should you file a child support claim with?
The obligated parent does not pay child support – what can be done?
Summary
FAQ
Child support is one of those topics that raises many emotions and just as many doubts. How much money can be claimed on behalf of a child? How long does a parent have to pay child support? And is the amount set by the court binding forever? These are just a few of the many frequently asked questions. You will find the answers in this article.
According to the Family and Guardianship Code, child support consists of benefits that make it possible to provide for a child’s living expenses and, where necessary, also the costs of raising the child.
Note that this definition does not imply that child support is strictly about money. The child support obligation can also be fulfilled by providing a child with a roof over their head, food, clothing, etc., that is, by creating appropriate conditions for their upbringing and development.
Importantly, the child support obligation applies to both parents—regardless of whether they are married, run a joint household, or live completely separately. In the latter case, the child usually lives permanently with one of the parents, who then provides housing, food, and everyday necessities. The other parent fulfills their child support obligation by paying a fixed monthly amount. It is this last situation that is most commonly associated with the concept of child support.
Contrary to a common but mistaken belief, the child support obligation does not end when the child reaches the age of majority. The decisive criterion is not age, but the ability to support oneself independently.
For this reason, a parent may still be required to pay child support when the child is already an adult but is studying—combining studies with work may be difficult or sometimes impossible. On the other hand, if, for example, the child completed vocational school and had the opportunity to take up employment but did not do so (and at the same time did not start higher education), it may be considered that the child is able to support themselves, and thus the parent is no longer obliged to pay child support.
One of the most important issues regarding child support is how much can be claimed on behalf of a child.
Unfortunately, as is often the case in such matters, there is no single, simple, and short answer. A situation in which every child—regardless of their financial and family circumstances and needs—received the same amount of child support would be unfair. That is why each case is considered individually.
So how is the amount of child support determined? Two factors are decisive:
What needs are considered “justified”? It is definitely not about providing the child with only a minimum standard. It is assumed that the child should have the possibility of a “decent standard of living.”
In practice, this means that not only physical needs (food, housing, medical care, etc.) are taken into account. Spiritual and developmental needs also matter—such as the ability to pursue hobbies, participate in extracurricular activities, or go on vacations.
Therefore, first, the amount of child support will vary depending on the situation of the particular child—for example, a child requiring costly medical treatment will likely need higher support than a healthy child. Second, as the child grows older and new needs arise, the amount of child support may change.
Of course, the child’s needs are not the only factor. What also matters is how much the parent can realistically pay each month. It should come as no surprise that in the case of a parent earning PLN 10,000 per month, the child support may be higher than if they earned half that amount—even if the child’s needs in both situations are the same.
Importantly, the court always takes into account the parent’s actual earning capacity, not just their current income. Otherwise, it would be easy to avoid paying higher child support by, for example, taking a lower-paid job.
As you may infer from the previous section, there are many situations in which it is possible to apply for an increase in child support and demand higher amounts on behalf of the child.
This happens when one of the two factors described above changes—when the child’s needs increase and/or when the financial capacity of the parent paying the support increases. You can file a claim to increase child support, for example, if your child becomes chronically ill or their needs change due to age.
The economic situation may also be relevant. Note that an amount set, for example, five years ago may have a completely different real value today. Child support of PLN 1,000 in 2022 offers significantly fewer possibilities than it did several years earlier.
Similarly, the situation may change when the obligated parent’s circumstances improve—for example, if they recover their health and can return to work, or increase their qualifications and thus their income.
On the other hand, child support can also be changed to the child’s detriment. If the parent’s financial situation worsens, they may apply for a reduction in child support. Again, the decisive factor will be earning capacity, not actual income.
Child support cases are often associated with divorce proceedings. In practice, however, child support can be determined:
As you already know, it is not possible to obtain child support without filing a claim (or including an appropriate request in a divorce petition). Therefore, you need to know how to prepare such a document.
It is no coincidence that many people decide to seek legal assistance. First, without legal experience, you may have difficulty meeting all formal requirements. Second, the amount of child support your child will receive depends on how well you justify your position.
If, however, for various reasons you decide to pursue child support without professional help, it may be easier to prepare the claim using templates available online. Make sure they are up to date—regulations change frequently, along with formal requirements. Also ensure that the claim includes the 7 key elements.
You must file the claim with the competent court, so be sure to indicate its name and address. The designation of the court is placed on the right-hand side of the claim, near the top, below the place and date of preparation.
Another essential element is identifying who the case concerns. On the left-hand side of the claim, you should include the name, surname, address, and PESEL number of:
You must also indicate the value of the subject matter of the dispute, i.e., the amount you are claiming. Since it is difficult to calculate the total amount of child support over many years, the value is determined as the annual sum—simply multiply the requested monthly amount by 12.
Next, indicate what the document concerns by adding the appropriate heading—here it will be “statement of claim for child support.”
Another formal requirement is to specify your claims, for example by writing “on behalf of the minor, I request…” and listing the claims in bullet points.
The first five elements concern formal requirements. Now it is time for the most extensive part—the statement of reasons. Here you must present the facts, explain why you are applying for child support, and above all justify the requested amount.
You should present evidence showing that the requested amount corresponds to the child’s justified needs and fits within the earning capacity of the other parent.
At the end, list all attachments to the claim, including evidence and, if applicable, a copy of the power of attorney.
Although the right to child support belongs to your child, you file the claim on their behalf as their legal representative. Therefore, you must sign the document yourself.
How to submit a child support claim?
To initiate the proceedings, you must submit the prepared document—either in person at the court’s filing office or by mail, preferably as a registered letter.
One more important issue remains—where to file the claim? You have two options. The competent court is the district court of:
The choice is yours.
Unfortunately, the fact that the court awards child support does not automatically guarantee that the other parent will actually fulfill their obligation. This does not mean, however, that the child will be solely dependent on you with no options available. There are several routes you can take if the parent does not pay child support.
First, you can contact a bailiff. A judgment awarding child support includes an enforcement clause, meaning the bailiff can enforce payment from the parent who evades the obligation.
To do so, you must submit an application to initiate enforcement proceedings. This is a relatively simple document, and you can also seek help from a lawyer.
During enforcement, the bailiff will identify assets from which the outstanding child support can be recovered. Note that even if the parent has other debts, your claim still takes precedence—child support claims have priority over other obligations.
In some cases, the Child Support Fund may be a solution, but certain conditions must be met:
Payments from the Fund are limited—the child can receive a maximum of PLN 500.
Sometimes a parent will do everything possible to avoid paying support, including disposing of their assets and then claiming inability to pay.
The law provides a protective measure—the Paulian action. If a parent disposes of assets to the detriment of the child, you can file a claim to have such actions (e.g., transferring ownership of an apartment) declared ineffective. This allows enforcement of child support from those assets.
A parent who does not pay child support can also be entered in debtor registers. This can be particularly effective if they run a business or apply for a loan, as they will care about their financial credibility.
This measure is most effective when the parent has the means to pay but refuses to do so. Information about debt can be a strong incentive to settle arrears.
As you can see, child support is a more complex issue than it may seem. One thing, however, is beyond doubt—your child has the right to expect both parents to provide proper conditions for upbringing and development. If the other parent does not pay support or the current amount has become insufficient, you do not have to bear the entire financial burden alone. The law provides many tools to obtain child support or change its amount.
What are the most frequently asked questions and answers regarding child support?
Can child support be paid directly into the child’s account?
Until your child reaches adulthood, the money cannot be paid directly into their bank account. Instead, the obligated parent should transfer the support to the account indicated by you as the legal guardian.
How to suspend paying child support?
If you are the parent obligated to pay child support and your financial situation significantly worsens, or the child becomes able to support themselves, you may apply to the court to revoke the child support obligation. Once the court agrees with your position, you have the right to stop making payments.
