Child Support – What Amount Is Paid and Until When?

Child support is a financial obligation intended to cover the costs of raising a child. It may take the form of cash payments, in-kind support (e.g., providing housing, food, education, or healthcare) or a mixed form, combining both.

Legal basis for the maintenance obligation

According to Article 133 § 1 of the Polish Family and Guardianship Code, parents are obligated to provide maintenance to a child who is unable to support themselves, unless the child has sufficient income from their own assets. This obligation applies not only to minors but also to adult children who are still financially dependent.

Example: Natalia turned 18 and started full-time studies at a public university. Despite being an adult, she could not financially support herself due to her studies. Her father refused to continue paying support, claiming that she was now of legal age. Natalia took the matter to court, which ruled that her father remained obligated to pay support as long as she could not support herself independently.

The amount of child support is based on:

• The justified needs of the child – e.g., food, clothing, education, healthcare.
  
• The earning capacity and financial resources of the parents – potential income is considered, not just actual earnings.
• The standard of living of the parents – a child has the right to live at a standard similar to that of their parents.

What expenses are covered by child support? 

Support should ensure the child’s proper development and cover:

• Food and nutrition (meals, groceries, supplements),
  
• Clothing and footwear,
  
• Education (tuition, books, school supplies, courses),
  
• Healthcare (medications, medical visits, rehabilitation),
  
• Extracurricular activities and entertainment (hobbies, sports, cultural outings),
  
• Vacation and leisure,
  
• Housing and utilities (rent, electricity, water, internet).

How to obtain child support? 

Steps to take:

1. Prepare a claim for child support. It should include:
   
   • The competent District Court (based on the child’s or defendant’s residence),
     
   • Details of both parties,
     
   • Value of the claim (monthly amount × 12 months),
     
   • Specific demand (amount, payment deadline, possible interest),
     
   • Justification (child’s needs, parents’ financial situations),
     
   • Evidence (bills, income statements, medical records).
     
2. File the claim with the court in person or by mail, attaching copies for the other party.
   
3. Court proceedings – both parties will present their case and evidence during the hearing.
   
4. Request for interim relief – include a motion to secure temporary child support during the proceedings.
   

Example: Marta, a single mother of 3-year-old Jaś, couldn’t agree with the father on voluntary payments. She filed a claim, attaching bills for childcare, food, clothes, and medicine. The court, after reviewing the father’s finances, awarded support of 900 PLN/month.

Child support cases are exempt from court fees in Poland.

Each case is unique, and legal advice should be sought to tailor the claim to your specific situation.

How long must child support be paid?

The obligation lasts until the child achieves financial independence – not automatically at 18 or after completing education. For more, see our article on child support for adult children.

How much is child support in Poland?

The amount of child support in Poland is not strictly defined by law and depends on the individual circumstances of each case. When determining the amount, the court considers both the justified needs of the child and the earning and financial capacity of the parents.

Key factors affecting the amount of child support:

1. Justified needs of the child – This includes expenses related to food, clothing, education, healthcare, extracurricular activities, and recreation. As the child grows older, their financial needs typically increase.

2. Earning potential and assets of the parents – The court assesses not only the current income of the parent obligated to pay support, but also their potential earning capacity, taking into account their education, professional experience, and health.

3. Standard of living of the parents – A child is entitled to a standard of living comparable to that of their parents. This means that if the parents enjoy a high standard of living, the child should also have access to appropriate living conditions.

Typical child support amounts (indicative):

Although every case is assessed individually, judicial practice indicates certain general benchmarks:

• Minimum support – In practice, courts rarely award amounts lower than 500 PLN per month, even if the parent’s income is low. However, this is not a strict rule and each case is evaluated on its own merits.
  
• Average support – In 2023, the average amount of child support in divorce cases in Poland was 1,365.58 PLN per month. In cases unrelated to divorce proceedings, the average was 977.55 PLN per month.
  
• Higher incomes – For parents with higher earnings, child support may constitute a larger share of their income. For example, if a parent earns 12,000 PLN per month, child support may be around 1,500 PLN per child. The child has a right to maintain a lifestyle similar to the one they had prior to the parents’ separation.

Example: Kamil earned 12,000 PLN/month and enjoyed a comfortable lifestyle. His ex-partner claimed 2,500 PLN/month for their daughter’s private school and extracurricular activities. The court awarded 2,000 PLN/month.

It is important to note that the above amounts are indicative only, and the final amount of child support is determined based on the individual circumstances of both the child and the parents. In case of doubt or when determining an appropriate support amount, it is advisable to consult a lawyer specializing in family law.

It is also worth noting that as of October 1, 2024, there has been a change in the regulations concerning payments from the Alimony Fund. The maximum amount of the benefit has been increased from PLN 500 to PLN 1,000 per month per child.

Can the support amount be changed?

Yes – support can be increased or decreased if justified by significant changes.

When Can You Request a Modification of Child Support?

1. Increasing child support – when:

• • The child’s needs increase (e.g., starting school, medical treatment, extracurricular activities),

  • The cost of living rises (e.g., inflation, higher prices of essential goods and services),

  • The financial situation of the paying parent improves (e.g., promotion, salary increase, new source of income).

Example: Anna and Piotr divorced when their daughter Zosia was 5 years old. Piotr was ordered to pay child support of 800 PLN per month. When Zosia turned 12, she began taking private English lessons and attending sports classes. Additional costs arose for private tutoring in mathematics. Anna filed a motion to increase child support, citing the growing expenses related to her daughter’s education and development. The court raised the amount to 1,200 PLN per month.

2. Decreasing child support – when:

• • The income of the paying parent significantly decreases (e.g., job loss, illness, inability to work),
    
  • The child becomes financially independent or their needs change,
    
  • New child support obligations arise (e.g., the birth of another child).

Example: Marek had been paying 1,500 PLN per month for his 17-year-old son, Kacper. After two years, he lost his job and had to accept employment at a lower wage. Additionally, he had a second child from a new relationship. Due to financial hardship, Marek filed a motion to reduce child support, arguing that his living situation had deteriorated. After reviewing the circumstances, the court reduced the support amount to 1,000 PLN per month.

How to change the amount?

File a modification claim with the District Court. Include documentation proving the change in financial or family situation. Legal consultation is advised

Summary

Child support is a legal obligation of parents toward children who cannot support themselves. The amount depends on the child’s needs and the parents’ financial standing. A claim must be properly drafted and supported with evidence.

FAQ – Frequently Asked Questions

Can child support be paid in a form other than money??

Yes, it is possible to cover expenses related to the child’s upbringing, such as paying for housing, education, or medical care. However, courts usually determine child support as a monetary amount payable monthly.

Can child support be paid without a court judgment?

Yes, parents may reach an agreement voluntarily and set the terms of child support on their own. It is advisable to formalize such an agreement in writing, preferably with notarial certification, to avoid future disputes.

What can be done if the other parent fails to pay child support?

If child support has been ordered by a court, the entitled party may apply to a bailiff (court enforcement officer) for collection. Persistent non-payment may also lead to criminal liability under Polish law.

Does the obligation to pay child support continue if the child or parent moves abroad?

Yes, relocating abroad does not terminate the child support obligation. The parent ordered to pay support must continue to do so, even if the child resides in another country. Cross-border enforcement of support payments is possible under international legal mechanisms.

Example: Karolina and her son, Jakub, lived in Poland, but after the divorce they moved to Germany. Jakub’s father, who remained in Poland, was still required to pay child support, even though his son now lived in another country. Karolina only needed to present the Polish court order to the German court in order to enforce the payments locally, if necessary.

If the child moves to a country with a significantly higher cost of living, the other parent may request an increase in support, arguing that the child’s expenses have increased. Similarly, if the paying parent moves to a country where their income significantly decreases, they may apply for a reduction in the support amount.

In cases where it is difficult to enforce child support payments from a parent living abroad, international enforcement procedures may be used. It is advisable to consult a lawyer experienced in cross-border claims to ensure effective recovery of the outstanding payments.