ATTENTION! Text translated automatically from the Polish version.
Maintenance awarded by a court ruling does not have to remain at the same level for the entire duration of the maintenance obligation. In many cases, as time passes, the awarded amount of maintenance is no longer adequate to the justified needs of the entitled person.
A change in the amount of awarded maintenance is possible when the party demonstrates that the justified needs of the entitled person or the earning possibilities of the obligated person have changed. It should be remembered that a change in the amount of maintenance does not occur automatically – it is necessary to file a lawsuit with the appropriate court.
A situation justifying an increase in maintenance could be, for example, a minor child starting school, while the obligated party has tripled their monthly income by changing jobs and acquiring new qualifications.
There are also situations where a reduction in maintenance is justified – for example, when the child no longer requires expensive medical care and at the same time the income of the parent obligated to pay maintenance has decreased due to a work accident.
It is not possible to contractually change the amount of a maintenance benefit once it has been established by a court ruling (Supreme Court resolution, ref. III CZP 82/11). The safer approach is to file a lawsuit for a change in the amount of maintenance or to conclude a court settlement.