- The basis for changing the ruling is an increase in the needs of the entitled person or a decrease in the earning capacity of the obligor,
- The conditions must arise after the last alimony judgment and must be substantial,
- Intentionally reducing income or hiding it does not justify a reduction in alimony.
A decision on the obligation of alimony, regardless of whether it applies to us as the entitled or obligated party, can be changed in the event of a change in relations. By this phrase used by the legislator, we mean a change in circumstances that are relevant to the statutory prerequisites of the alimony obligation and its scope. In short, it is a situation in which there is a significant reduction or cessation of earning capacity and property of the obligated parent, or a significant increase in the justified needs of the child. The effect of such changes is the need to adjust and update the alimony obligation.
The increase in the child's justified needs will be related to the child's development, growing up, starting school, developing passions and interests, etc. Courts, including those in Poznań, accept that the mere passage of time and the associated increase in the amount of expenses for the satisfaction of the child's justified needs sufficiently justify the assumption that there has been a change in circumstances justifying a change in the judgment on the maintenance obligation.
On the other hand, the reduction or cessation of the obligee's earning capacity and assets, which is the basis for changing the decision on the maintenance obligation, will not always be due to the loss of a job. Rather, the courts point to the loss of entitlements required to perform a particular job (e.g., loss of a driver's license), remaining of the opinion that the obligee, can always find employment with another employer, if these entitlements are still available to him. However, it will be reasonable to assume that the basis for an action to reduce the amount of alimony obligation will certainly be such circumstances as a significant decrease in the salary received, a reduction in business income, as a result of unfavorable market conditions, an accident or illness, significantly hindering or even preventing the performance of previous work, as well as, what may seem at times controversial, the fact of starting a new family. As pointed out in the doctrine, the obligee's entering into another marriage and the creation of new family obligations of a property nature on his part may affect the deterioration of his property situation and justify a reduction in alimony due to the need to bear the costs of supporting a spouse and sometimes others.
The change in relations referred to in the provisions in question must occur after the close of the hearing preceding the judgment awarding the existing alimony, and therefore it must be a new circumstance that did not exist during the adjudication of the existing alimony obligation.
It is worth noting that in order to protect the interests of the person entitled to alimony, the legislature has provided for certain limitations, which mean that not every change in relations will be grounds for changing the alimony award. Thus, if in the last three years before the judicial enforcement of alimony payments the person who was already obligated to provide such payments, without a valid reason, relinquished a property right or otherwise allowed its loss, or if he relinquished employment or changed it to a less profitable one, the resulting change is not taken into account when determining the extent of alimony payments. Thus, if the obligated parent intentionally gives up a well-paying job, changes it to a less profitable one, rejects a lucrative business proposal, then these circumstances, will not be able to provide grounds for a reduction in the obligated parent's alimony obligation.
