ATTENTION ! Automatic translation from Polish
The substantive basis for amending a child support order is Article 138 of the Family and Guardianship Code (FGC), which states: "In the event of a change in circumstances, a change in the decision or agreement concerning the child support obligation may be requested."
The District Court in Olsztyn cited this provision in its judgment of December 11, 2019 (VI RCa 206/19). In the present case, the minor plaintiffs, represented by their legal representative, appealed against the District Court's decision, which dismissed their claim for an increase in child support from PLN 950 in total to PLN 2,000 in total per month.
The plaintiffs cited increased justified needs related to growing up, higher living costs resulting from living outside Poland, and the defendant's lack of involvement in their lives beyond financial support. However, the District Court in Olsztyn upheld the District Court's position, finding that there had been no "change in circumstances" within the meaning of Article 138 of the Family and Guardianship Code, which would justify amending the maintenance order. It emphasized that the plaintiffs' mother had voluntarily moved abroad, and the resulting higher living costs could not be passed on to the defendant. The court noted that the maintenance obligation depends not only on the eligible person's needs, but also on the earning and financial capacity of the obligor.
In this context, the common courts also stated: "In the event of a change in circumstances, a request for amendment of the maintenance order or agreement may be made. A change in circumstances should be understood as any changes in the economic status of the parties that affect both the increased and decreased scope of the eligible person's justified needs and the increased or decreased scope of the obligor's earning and financial capacity" (see: Judgment of the Regional Court in Olsztyn of November 6, 2019, file reference VI RCa 253/19). When assessing the validity of a request to increase previously established maintenance payments under Article 138 of the Family and Guardianship Code, emphasis should be placed primarily on comparing the current situation of the entitled parties and the obligated party at the time of the request with that assessed when determining the amount of the payment (see: Judgment of the Regional Court in Sieradz of October 9, 2019, file reference I Ca 411/19). Therefore, a "change in circumstances" should be understood as a change in circumstances relevant to the statutory requirements for the maintenance obligation and the scope of maintenance payments. Not every change in the life situation of the person obligated to pay maintenance or the person entitled to receive it justifies a change in the previous decision. Only circumstances that are permanent and significant in nature and meet the criteria that significantly affect the establishment or scope of the maintenance obligation may be the basis for an adjustment.