he obligation to pay alimony usually takes place before the District Court in a divorce case, when parental authority is granted to one parent, and the other parent – with whom the child no longer lives after the divorce – is obliged to pay alimony to the child.

While there is a fairly firmly entrenched belief in society that alimony terminates when a child comes of age, this is not true. Alimony does not terminate by itself. In order to terminate the obligation to pay alimony, it is necessary to establish a case in court, or more precisely: to file a lawsuit to terminate the alimony obligation.

Such a lawsuit is filed in the District Court of the Family and Juvenile Division with jurisdiction over the place of residence of the “child”. It might be in Poland or abroad. The lawsuit should be accompanied by the judgment from which the obligation to pay alimony is imposed.

The lawsuit should indicate the date on which you think the alimony obligation should end. This can be the date of the lawsuit or an earlier date. The lawsuit should be justified.

According to Article 133 § 1 ) of the Family and Guardianship Code, parents are obliged to provide alimony to a child who is not yet able to support himself, unless the income from the child’s property is sufficient to cover the costs of his maintenance and upbringing.

The cancellation of alimony is therefore justified by the fact that the “child” is out of school and working, and therefore has been able to support himself for a certain period of time (date of day).

This obligation is not limited by any rigid deadline, and in particular – by the date when the alimony recipient reaches the age of majority. It is also not tied to the degree of education in the sense that it does not cease when the alimony recipient reaches a certain degree of primary or secondary education. The only authoritative circumstance on which the continuance or termination of this obligation depends is whether the child can support himself, it being understood that this cannot be expected of a minor child. For this reason, with regard to children who have reached the age of majority, consideration should be given to whether they show a desire to continue their education and whether their personal abilities and character traits allow them to actually continue their education. A contrary position would lead to hindering, or at least significantly hindering, the child’s further development, and this by depriving him of the material means necessary to continue his education after reaching the age of majority, and would therefore be in conflict with the aforementioned fundamental parental duty.

Notwithstanding the above, under Article 135 § 3 of the Family and Guardianship Code, parents may evade alimony payments to a child of full age if they are combined with undue hardship for them or if the child does not make efforts to obtain the possibility of self-support. This means that if the person obliged to pay alimony is in a difficult personal or financial situation, e.g. after a serious illness, without the right to a pension, does not work anywhere, basically subsists on benefits received from social assistance and the help of the family with whom he lives, then – despite the existence of needs on the part of the child – alimony in such a situation may be rescinded.

If you want to learn more about divorce, read this article.

For French speakers click here.

Attorney Joanna Suslo
KJS Legal Kancelaria Adwokacka in Wroclaw

Tel. 668-841-990

[email protected]

Advocate – Wroclaw – KJS Legal