Until When Must I Pay Child Support? Key Issues Regarding Support for Adult Children

Having a child is not only a source of joy but also a lifelong responsibility to ensure proper conditions for their development at every stage of life. Child support is commonly associated with minors, but what happens when your child reaches adulthood? Are you still required to provide financial assistance? This article clears up doubts and answers the question of whether adulthood alone ends the obligation to pay child support. You will learn how to protect your interests while supporting your child responsibly and in compliance with the law. 

What Does the Law Say About Support for Adult Children?

Pursuant 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 their income from personal assets is sufficient to cover the cost of living and upbringing. For minors, this principle is clear. However, when it comes to adult children, the legal framework leaves room for case-by-case analysis. Parents should be aware of their rights and obligations, as well as how their support may realistically help their child achieve independence and stability in adult life.

 

Common Myths About Child Support

Myth 1: Child support ends when the child turns 26

This is a widespread misconception. In reality, the law does not set any age limit after which the obligation automatically expires. It remains in effect as long as the child cannot support themselves — and this must be confirmed by a court ruling.

 

Myth 2: Child support must be paid as long as the child is in school

While education is often a factor, it is not the sole criterion. What matters is the child’s ability to support themselves. A student may be self-sufficient even while still in education.

 

Myth 3: If the child avoids contact, the parent is no longer obligated to pay

This is false. A lack of relationship does not end the legal obligation to provide support. As long as the child cannot support themselves, the obligation remains. However, lack of contact may be considered by the court in conjunction with other factors, such as whether the child is making efforts to become independent.

 

Myth 4: State benefits such as 800+ eliminate the obligation

State benefits are supplementary in nature and do not replace a parent’s maintenance obligation, which is based on the Family and Guardianship Code.

 

Myth 5: There is a minimum support amount defined by law

There is no statutory minimum or maximum. The amount is determined by the court based on the child’s needs and the parent’s financial capacity. Support amounts can be adjusted if circumstances change.

 

How Long Must I Pay Child Support?

There is no fixed answer — everything depends on the specific situation of the child. Many adult children still require support, especially if they are continuing their education and cannot yet earn a living.

 

Paying Child Support While a Child Is Studying

Full-time studies

In cases of demanding full-time studies (e.g., medicine, law, architecture), parents are typically still obligated to provide support. These programs require full commitment and often preclude full-time employment. Even if the child works part-time, that income is usually insufficient for rent, food, or study materials.

Parental support allows the child to focus on academic success, which translates into future employment opportunities.

 

Part-time studies

Part-time studies typically take place on weekends, leaving time for employment during the week. Many part-time students work and cover their own expenses, potentially reducing the need for parental support.

If a child earns enough to support themselves, this may be grounds for requesting a reduction or termination of the support obligation. However, each case must be assessed individually, considering actual income, expenses, and the parent’s financial capacity.

 

When Can Child Support Payments Stop? 

Court-ordered child support does not automatically end when the child turns 18 or discontinues education. A court ruling is required to terminate the obligation.

 

No Contact with the Child

Lack of contact does not automatically end the obligation. The court will consider the child’s financial situation and ability to support themselves before making a decision.

If you are confident or suspect that your adult child can support themselves, you have the right to file a claim for termination of the child support obligation. This step will help you manage your finances more effectively.

 

How to Terminate Child Support for an Adult Child?

1. Analyze the child’s situation

Determine whether your child has become self-sufficient — e.g., earning a regular income, possessing assets, or having reduced living expenses.

 

2. Gather evidence

Prepare documentation proving the child’s financial independence, such as income certificates, proof of employment, or property ownership.

 

3. File a claim in the family court

Draft a petition requesting termination of the support obligation, including the facts justifying your request (e.g., employment, financial independence, or lack of effort to become self-sufficient).

 

4. Court proceedings

The court will assess the child’s financial needs, income, and earning capacity before ruling on whether to terminate or maintain the obligation.

 

5. Court judgment

A judgment is required to formally end the obligation. Until the court issues a ruling, the parent must continue to pay in accordance with the previous judgment.

If you lack contact with your adult child and do not know their employment status or income, you can request that the court order the child to provide documentation confirming their employment and financial condition.

 

What If There Are No Grounds to Terminate Support Completely?

If full termination is not possible, consider applying for a reduction in the amount. This is permitted when there is a significant change in the parent’s or child’s circumstances.

When Can You Request a Reduction in Support?

• The child earns income sufficient to cover part of their expenses

• The child’s needs have decreased (e.g., finishing a paid educational program)

• The parent’s financial situation has worsened (e.g., job loss, illness, or increased obligations)

 

How to Request a Reduction?

As with termination, a reduction requires filing a claim in the family court, supported by documentation showing the changed circumstances.

By consulting a legal advisor, you can accurately assess your situation and effectively prepare to file a claim. This not only saves time but also ensures that your actions are fully compliant with the applicable legal provisions.

 

Summary

Child support for adult children requires an individual assessment. Parents remain obligated to provide support as long as the child cannot support themselves. There is no statutory age limit — courts evaluate factors such as education, efforts toward independence, and earning capacity. When in doubt consult a legal professional, for advice and assistance in filing a claim for termination.

 

Frequently Asked Questions (FAQ)

Does child support automatically end when the child turns 18?

No. Legal adulthood does not automatically terminate the support obligation. A court decision is necessary if the child is not self-sufficient.

 

Do I have to pay support if my adult child is a student?

Yes, usually. Full-time students often still require support. The situation may differ for part-time students who work — this must be reviewed individually.

 

How can I stop paying child support?

Only a court can release a parent from a support obligation ordered by a previous judgment. If you have grounds, you may file a claim for termination. It is advisable to consult a lawyer to properly prepare both the documentation and legal arguments.

 

Can I stop paying if my child refuses to study?

Refusing to continue education does not automatically end the obligation. What matters is whether the child can support themselves. If they work and earn sufficient income, you may apply for termination.

 

Can I stop paying on my own?

No. You cannot unilaterally decide to stop paying court-ordered support. Only a court judgment can formally end the obligation. Until then, the parent must pay according to the prior ruling.