by Admin2 | Jan 21, 2026 | news-en
NOTE: translated from Polish!
In the judgment of 8 April 2025 (ref. no. II CSKP 185/23), the Supreme Court referred comprehensively to the possibility of challenging legal acts related to the maintenance obligation in the Paulian complaint procedure. This ruling is in line with the established line of case-law, according to which maintenance activities may also be assessed in terms of detriment to creditors.
The Supreme Court confirmed that both maintenance agreements and settlements concluded before the court are substantive legal transactions which, if they lead to the detriment of creditors, may be rendered ineffective by means of a Paulian complaint. This applies in particular to situations where the maintenance payment has been determined in an amount grossly exceeding the actual needs or despite the lack of statutory prerequisites.
It is worth noting that although alimony enjoys a privileged position in enforcement proceedings, in the case of abuse of this protection, it is possible to demonstrate that a specific action was aimed at harming other creditors. In such cases, as noted by the Supreme Court, the creditor may claim priority satisfaction, demonstrating that the maintenance obligation has expired or has been established artificially, only to protect the debtor's assets.
However, the Supreme Court ruled out the possibility of challenging the judgment awarding alimony itself, pointing out that the Paulian complaint may concern only legal acts, not court decisions. It is worth noting that it is possible to challenge the debtor's actions (e.g. tacit acceptance of the enforcement of unjustified alimony) that result in the transfer of benefits to a third party to the detriment of other creditors.
The conclusion of the ruling is to confirm that the protection of alimony as preferential claims is not absolute. In exceptional situations, when the maintenance obligation is used instrumentally, it is possible to limit it against a specific creditor by means of a Paulian action.
by Admin2 | Nov 10, 2025 | news-en
ATTENTION – THIS IS AN AUTOMATIC TRANSLATION from Polish
Article 7 point 5 of the Act on Family Benefits (Journal of Laws of 2017, item 1952, as amended, hereinafter: the Act) outlines the conditions that exclude entitlement to the family allowance. According to this provision, the family allowance is not granted to a person raising a child alone if child support has not been established based on an enforceable title issued or approved by a court.
This issue was addressed by the Provincial Administrative Court in Wrocław in its judgment of November 24, 2017 (case no. IV SA/Wr 389/17). The complainant, A.S., sought an additional family allowance due to raising her disabled daughter alone.
The complainant submitted a statement from the child’s father, indicating that he had voluntarily committed to paying child support. However, under Article 7 point 5 of the Act, a mere declaration of voluntary child support is insufficient. The support must be established through an enforceable title originating from or approved by a court.
The court also emphasized that demanding a court order for child support when the father is already paying voluntarily lacks justification. In the court’s view, “This would only lead to conflict between the child and the parent, which would ultimately damage the father-daughter relationship. Such a situation cannot be socially condoned.” This is especially important in the case of a disabled child, who requires support from both parents, and whose relationship with them is crucial in facing the daily challenges of disability.
Consequently, citing the failure to meet formal requirements and the incompatibility of the claim with principles of social coexistence, the court dismissed the complaint and denied the additional family allowance to the complainant.
by Admin2 | Sep 3, 2025 | news-en
ATTENTION – THIS IS AN AUTOMATIC TRANSLATION
In its resolution of 10 January 2025 (case no. III CZP 35/24), the Supreme Court addressed the issue of whether parents who have a maintenance obligation towards their incapacitated child are entitled to remuneration for providing care to such a child (Article 162 § 2 of the Family and Guardianship Code).
The mother of a person who was fully incapacitated applied for public funds to remunerate her for providing care. However, the court held that the mother’s care constituted the fulfilment of her maintenance obligation, and that her personal involvement—despite the sacrifices involved—fell within the scope of socially and legally accepted parental duties.
If the guardian of an incapacitated person is a parent who is subject to a maintenance obligation, they will generally not receive additional remuneration. In exceptional, particularly justified circumstances, there may be grounds for granting remuneration if the scope of care goes far beyond what can be expected of a parent under the principles of social coexistence. Nevertheless, such a decision always requires an individual assessment, and the Court’s evaluation must take into account the specific circumstances of the case and avoid a formulaic approach.
In the cited ruling, the Supreme Court stated that “the assumption and exercise of care by the mother over her incapacitated son constitute an expression of the fulfilment of the guardian’s personal moral duties towards the ward.” The Court further noted that the performance of these duties is reinforced by the statutory maintenance obligation, which encompasses not only financial support but also the personal efforts of the obligated party (Article 133 § 1 of the Family and Guardianship Code).
by Admin2 | Aug 18, 2025 | news-en
ATTENTION – THIS IS AN AUTOMATIC TRANSLATION
Polish law does not specify a fixed age limit after which the obligation to pay child support automatically expires. It is generally accepted that this obligation continues as long as the child is unable to support themselves, for example, if they are continuing their education or are unable to take up gainful employment for health reasons. It is important to note that a child reaching the age of 18 does not automatically terminate the parent's obligation to pay child support.
This was confirmed by the Supreme Court in its judgment of February 27, 1981, ref. no. III CRN 18/81, stating that: “The termination of the parents' maintenance obligation towards their children is not automatically determined by the child reaching a certain age, but by the child's ability and degree of self-sufficiency.”
This ruling also drew attention to the issue of continuing education. If an adult child intends to continue their studies and counts on further support from their parents, they should approach their education in a responsible manner. Studies cannot serve merely as an excuse to avoid work and live at the expense of their parents without any real commitment to education.
However, the mere fact that a person entitled to maintenance is studying does not automatically mean that the court will recognize their inability to perform gainful employment. In the event of a legal dispute, it is therefore incumbent on the person entitled to maintenance to prove that they are unable to take up gainful employment, even to a minimal extent.
by Admin2 | Jul 22, 2025 | news-en
ATTENTION ! Automatic translation from Polish
The Ministry of Justice is working on the introduction of national child support tables. A specially established working group is developing solutions that will determine minimum and maximum child support amounts based on the parent's income and the number of children. The goal is to standardize and simplify the child support determination process, as well as to increase the transparency and understandability of court decisions.
Legislative work is also underway to amend the Family and Guardianship Code by introducing so-called "immediate child support," a simplified procedure for granting child support in cases of urgent financial need. This is a significant improvement, as an application for immediate child support is to be reviewed within 14 days, and the court is to issue a payment order with immediate enforceability.
According to the Ministry of Justice website, the amount of child support will depend on the minimum wage and the number of children in the family, allowing for a precise determination of the benefit. At this stage, no specific draft bill has been published – work on the changes is ongoing at the ministerial level and is of a consultative nature. Nevertheless, the mere announcement of such changes is an important step towards greater transparency and fairness in family law.
