text translated automatically from the Polish version
[legal status on 21/08/2017]
Alimony awarded by a court judgment does not have to remain the same for the duration of the maintenance obligation. In many cases, with the passage of time, it turns out that the awarded amount of maintenance is no longer adequate to the legitimate needs of the entitled person.
A change in the amount of awarded maintenance is possible when the party proves that the legitimate needs of the entitled person or the earning potential of the obligee have changed. At the same time, two factors are subject to assessment - the change of the situation of the rightholder and the possibility of the maintenance debtor. As far as the maintenance debtor is concerned, the court assesses the whole of his situation, and thus not only his current earnings, but also his possible earnings. It should be remembered that the change in the amount of maintenance does not automatically take place when the needs of the entitled person change. A change in the amount of maintenance may occur when the person concerned brings an action to the competent court.
For example, according to the ruling of the Supreme Court, the increase in inflation can not be an independent cause justifying the demand for increasing maintenance, because it increases the needs of the right holder on the one hand, but also decreases the capacity of the person obliged to pay maintenance.
On the other hand, a situation in which an increase in child support may be justified is the child's starting of education, which involves paying for textbooks, transporting children, etc. At that time, the child's father was obliged to pay child support, he obtained new qualifications and three times he increased his monthly income.
There are also situations when it is reasonable to reduce child support - for example, in the period of adjudication about the amount of child support, the child went to a private kindergarten, where the tuition was 1500 PLN / month and took expensive medicines.
At present, the child is healthy, he goes to a public elementary school and does not constantly receive any medications. On the other hand, the income of the mother of the child obliged to alimony was reduced because she suffered an accident at work, which resulted in the need to change the profession and take up a job in a less-paid position.
It is worth noting that, although it is possible to conclude child support contracts, it is not possible to change the amount of the maintenance payment, once established by a court order (the decision of the Supreme Court, reference number III CZP 82/11). In the event of its conclusion, it will be sanctioned by invalidity. In addition, when alimony determined on its basis will be lower than the legal maintenance (which in practice occurs most often), it is possible to request a surcharge up to the amount determined by the court.
A safer way to change the amount of the maintenance obligation is therefore to bring an action to change the amount of maintenance or the conclusion of a court settlement.