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.