Pursuant to Art. 135 § 1 of the Act of February 25, 1964 – Family and Guardianship Code: „the scope of maintenance depends on the justified needs of the entitled person and the economic and financial possibilities of the obligee”.
The Provincial Administrative Court in Gorzów Wielkopolski in its judgment of March 31, 2021 issued in the case number II SA / Go 157/21 referred to this provision and ruled that it was not possible to arbitrarily impose a maintenance obligation on a given person without prior, precise verification of its „economic and financial possibilities” referred to in Art. 135 § 1 k.r.o. According to the Provincial Administrative Court, it should be checked whether the potential obligated person has any life limitations that could hinder the proper care of the entitled person.