The Supreme Court in its judgment of June 30, 2021 (file reference number I NSNc 79/20) ruled on the impossibility of reducing maintenance due to loan installments
The maintenance obligation arises by operation of law. The person liable for maintenance may only exceptionally waive the obligation to provide for the maintenance of the entitled person. The Family and Guardianship Code indicates that a parent may evade maintenance for an adult child if they are associated with excessive detriment to him or if the child does not make efforts to obtain the possibility of independent maintenance. It should therefore be emphasized that a parent is always obliged to provide maintenance for a minor child, unless the income from the child’s property is sufficient to cover the costs of its maintenance and upbringing.
In the above judgment of the Supreme Court it is indicated that „the purpose of the maintenance obligation is to satisfy the justified needs of a minor child.” The scope of maintenance is determined by the justified needs of the entitled person as well as the economic and financial possibilities of the obligee. The Supreme Court emphasizes, however, that “the earnings and financial possibilities of the obligee are not determined solely on the basis of actual earnings and income. Even the difficult financial situation of the parent does not release him from the obligation to provide child support. The parent is obliged to share even a very meager income with the child. On the other hand, in extreme situations, satisfying the needs of minor children may even take place at the expense of some of the assets ”.
Failure to pay the benefit to the beneficiary is very rare. As indicated above, the code limits them only to exceptional cases. You can also not justify yourself with low income or incurred financial obligations. As the Supreme Court points out, „the obligation to repay credit obligations is independent of the maintenance obligation, and therefore cannot constitute grounds for avoiding its performance”. The debtor’s debt may not deprive the entitled to the benefit.
The change or waiver of the maintenance obligation may only take place in a judgment or court settlement.