Alimony (maintenance) consists of regular, mandatory payments—most often for the benefit of family members—intended to provide means of support and, where necessary, also means for upbringing. It is most commonly associated with parents’ obligations toward their children. However, other close persons may also apply for alimony. Under the Polish Family and Guardianship Code, the maintenance obligation consists in providing a given person with the means necessary for their subsistence and—where children are concerned—also for upbringing. Upbringing-related means include, among other things, enabling education, taking care of health, and ensuring access to culture and leisure activities. Means of support, in turn, serve to cover basic everyday needs such as food, clothing, housing, and medical treatment. The maintenance obligation arises primarily from family ties, including kinship and affinity. Although such benefits may also concern persons who are not related by blood, the closest relatives are obliged first. The legislator precisely regulates who is entitled to maintenance and under what circumstances.
The obligation to support a child rests on both parents and, as long as they live together, they bear it jointly. However, when separation or divorce occurs, the child usually remains in the care of one parent, and the other is obliged to cover part of the costs of the child’s maintenance. In such a situation, the court determines the amount of child support to be paid by the parent who does not live with the child. A child is entitled to maintenance as long as they are not able to support themselves. As a rule, this moment does not coincide with reaching adulthood, so parents often have to continue paying child support after the child turns 18. At the same time, it is generally assumed that an adult child should continue their education in order to retain the right to maintenance.
The maintenance obligation does not apply only to parents in relation to children. Over time, the situation may reverse and a parent may need support from their child. A parent is entitled to such support if they demonstrate that they are in need (i.e., they are unable to satisfy their basic needs on their own despite making efforts). Not only parents but also other family members (e.g., grandparents or siblings) may apply for maintenance in such circumstances. The condition, however, is that the person from whom the benefit is sought has financial capacity to pay it without worsening their own living conditions.
This responsibility may also include siblings, but only at a later stage—an obligation to support a brother or sister arises only when it is not possible to obtain support from closer relatives in the direct line. The provisions of the Family and Guardianship Code also provide for special situations in which the obligation to pay maintenance may apply to persons who are not biologically related but are connected by family ties resulting from marriage.
Whether a spouse will be obliged to provide maintenance to a former spouse depends on the content of the divorce judgment. In this respect, there are three possibilities:
- The court finds one spouse exclusively at fault—then the condition for receiving maintenance is that the divorce resulted in a significant deterioration of the innocent spouse’s financial situation; in such a case, the innocent spouse may request maintenance;
- The court finds both spouses at fault—in this case, the condition is that the spouse entitled to maintenance is in “need”, i.e., not only without any means of support, but also unable to fully satisfy justified needs;
- The court does not rule on fault at all—this occurs in a so-called no-fault divorce. Maintenance is awarded on the same principles as in a divorce where both spouses are at fault.
Pursuant to Article 144 of the Family and Guardianship Code, a child may claim maintenance from their mother’s husband even if he is not the child’s biological father, if this is required by principles of social coexistence. A similar right applies in relation to the father’s wife who is not the biological mother. These provisions are intended to additionally protect the child’s interests, especially in reconstructed families and in situations where parents enter into new relationships. It is worth emphasising that in certain exceptional cases the legislator provides for a broader circle of persons who may be obliged to provide maintenance.
The date from which maintenance must be paid depends on the type of proceedings. The court generally has two options: it may establish the maintenance obligation from the date the claim is filed, or from the moment the judgment becomes final.
In cases concerning only maintenance, it is most common for the court to award benefits from the date the claim is filed, which means the maintenance is calculated retroactively and the obliged person must pay any arrears.
In divorce cases the situation is more complex. In the divorce judgment the court determines the amount of maintenance for minor children. Although the obligation arises from the judgment itself, payments are due only once it becomes final. In practice, this means that benefits for the period during which the proceedings are pending may not be awarded, which is worth bearing in mind.
The judgment takes effect only after it becomes final; from that moment the obligation to pay arises.
In the case of children under 18, the parents’ maintenance obligation is absolute. This means parents must provide their minor children with means of support regardless of whether they exercise parental authority, maintain contact with the child, or whether the child lives with the other parent or with other guardians.
It is important to note that the maintenance obligation does not end automatically upon reaching adulthood. The decisive factor is the child’s ability to support themselves. In practice, parents may still be obliged to pay maintenance if the child continues education (e.g., at university), obtains professional qualifications, or due to illness or disability is unable to take paid employment.
In the case of maintenance for a spouse, the end of the maintenance obligation depends primarily on fault for the breakdown of the marriage. If the court granted a divorce due to the exclusive fault of one spouse, the maintenance obligation is not time-limited—unless the innocent spouse enters into a new marriage. However, if the innocent spouse remains in an informal relationship (cohabitation), they may still receive maintenance.
The amount of maintenance depends on two main factors: the justified needs of the entitled person and the earning and financial capacity of the obliged person. The law does not provide fixed amounts—there is no “average” level of maintenance. The court must assess the circumstances in each case.
The first step is to precisely determine the costs—therefore, it is worth collecting all receipts and invoices, as they confirm the expenses incurred.
The court considers many factors when determining the amount of maintenance. The most important include:
- The entitled person’s age;
- Health condition—needs related to treatment, rehabilitation, therapy, or the purchase of medicines;
- Education expenses—school fees, extracurricular activities, tutoring, and educational materials;
- Previous standard of living—the court aims to maintain the standard of living from before the parents’ separation;
- Parents’ income and assets—considering not only earnings but also real estate, savings, or business activity;
- Place of residence—costs of living vary by region and are usually higher in large cities;
- Number of children in the family—if a parent supports more children, the available funds are divided proportionally.
The law allows the amount of maintenance to be changed when there has been a significant change in the circumstances taken into account in the earlier ruling. Most often this concerns situations such as:
- Deterioration of the entitled person’s financial situation,
- Improvement of the obliged person’s financial situation, e.g., a raise or a new, better-paid job,
- Loss of employment or illness of the obliged person, limiting their financial capacity,
- The end of a period of intensive childcare by the entitled parent, which may make it possible to take up employment and may justify a reduction in maintenance,
- A change in family circumstances, e.g., the birth of additional children.
It is important that the change is lasting and not merely temporary.
A claim to modify maintenance is filed with the district court (sąd rejonowy) competent for the place of residence of the entitled person. It should include:
- The proposed new amount of maintenance,
- Justification indicating what changes have occurred,
- A list and copies of evidence,
- A motion to take evidence (e.g., indicating witnesses, attaching expert opinions).
After the claim is filed, the court serves it on the other party and sets a hearing date. Before deciding, the court analyses two key elements: the needs of the entitled person and the earning and financial capacity of the obliged person.
