ATTENTION! Text translated automatically from the Polish version.
Pursuant to Art. 133 §3 of the Family and Guardianship Code, parents have the possibility of exemption from the obligation of maintenance benefits towards an adult child if it involves excessive harm to them or when the child does not make efforts to achieve the ability to maintain themselves independently.
The first condition concerns financial harm. We compare the amount of maintenance paid by the parents against their income and check whether fulfilling the obligation significantly hinders satisfying the parents’ basic needs. The second condition may manifest itself in the child not achieving results during their studies or not advancing to a higher year through their own fault.
Pursuant to Art. 1441 of the Family and Guardianship Code, the obligated person may be excused from performing the maintenance obligation towards the entitled person if the demand for maintenance is contrary to the principles of social coexistence. However, such an exemption can never concern the obligation of parents towards minor children.
The exemption under Art. 1441 concerns situations contrary to the principles of social coexistence. In practice, this more frequently concerns situations in which parents claim maintenance from their adult children due to their poor financial situation, while the parents themselves for many years physically and psychologically abused the children when they were minors.
A case for the revocation of the maintenance obligation proceeds in the ordinary procedural mode.