Child support
Child support - legal support
Alimony cases are often a source of stress and uncertainty - both for the parent who claims the benefits and the one who is supposed to pay them.
Our law firm helps ensure the welfare of the child and a fair settlement: from discussing the case at the first meeting, to preparing the lawsuit, to representation in court.
The most important rules regarding alimony
Parents are obliged to provide their child with financial resources until he is able to support himself. Alimony is intended to ensure that the child lives at a level similar to the parents' standard of living.
Basis for determining the amount of alimony
The court takes into account the legitimate needs of the child and the earning capacity of the parent. This means that it is not only the actual earnings that count, but, also how much a parent could earn with full use of his skills.
Alimony is not just about money
A parent can also fulfill his child support obligation to a child through personal care - daily care, contact and upbringing.
Retroactive alimony
Alimony can also be claimed for the period before the lawsuit was filed, if the child's needs were covered by, for example, a loan or credit.
Immediate payment obligation
A judgment awarding alimony is immediately enforceable. This means that benefits can be enforced even if the other party appeals the judgment.
We will calculate the amount of alimony
Write to us and we will help you determine the amount of child support to which you are entitled.
Change in the amount of alimony
The basis for raising or lowering alimony can only be new circumstances that have already emerged after the last ruling. A situation that existed in the course of a previous case cannot be invoked. The change in circumstances should be significant and really affect the situation of the child or the obligee. Deliberate concealment of income or resignation from a better-paying job does not justify a reduction in alimony.
An increase in alimony can occur as a result of a significant change in the child's life or a change in the situation of the parent who takes care of the child on a daily basis.
- Increased needs of the child
When the needs of the child increase (growing up, school, developing passions, additional activities).
- Alimony for former spouse
Only in the event that he falls into poverty and for a limited period of time.
Reduction of child support can occur when the situation of the parent paying child support has significantly changed:
- Revenue decline
In the event of an involuntary decline in the income of the parent obligated to pay alimony (e.g., deterioration of the economic situation in the market, illness, accident).
- Change in personal situation
With a change in personal circumstances, related, for example, to the birth of another child.
When is it not necessary to pay alimony?
- When the child is able to support himself.
- When a child neglects schooling or does not take a job despite real opportunities.
- When further alimony would mean an undue burden on the parent.
- The court may also, instead of a complete repeal - reduce alimony.
When does alimony still have to be paid?
- When a child successfully continues his education.
- When a child, despite efforts, has not yet achieved financial independence.
- When health or developmental problems prevent the child from working or continuing education.
A parent's child support obligation to a child does not automatically end either when the child reaches the age of majority or after a certain education. It lasts as long as the child is unable to support himself.
Alimony cases require a high degree of precision and accuracy. Our role is to present the client's situation in detail, in particular to demonstrate the justified needs of the child.
We know that parents often feel lost in these kinds of matters, so we help get the documents in order, demonstrate the legitimacy of the demands and go through the entire proceedings with as little stress as possible.
Founder of the Firm, Attorney at Law
The course of an alimony case - step by step
Learn about the different stages of action when you want to apply for alimony - from the first consultation to obtaining a court judgment.
Why our law firm
Specialization in family cases
We have been exclusively handling family and divorce cases for 10+ years.
Individual strategy
Every case is different, so we peel off solutions for your goals and realistic possibilities.
Transparent collaboration process
You always know what is going on, you are prepared and informed.
You gain peace of mind, support and time
We take over the paperwork and the burden of negotiations so you can focus on yourself, your loved ones and your future.
How do we help in practice?
The support of an attorney will reduce your involvement and give you the confidence that your case is being taken care of by a professional.
- Analysis of the child's needs and the parents' financial situation
- Formulating the amount of expected alimony
- Preparation of a lawsuit with a request for security
- Negotiations and discussions between parents
- Representation in court
FAQ
Everything you need to know about: child support
Alimony cases are often a heavy burden - emotionally and financially. Assistance from a lawyer will allow you to take care of the child's interests, reduce stress and gain confidence that the amount of alimony will be determined in accordance with his needs and the capabilities of the obligated parent.
Until when do you have to pay alimony?
Until the child is able to support himself. The mere fact that a child reaches the age of 18 does not terminate the child support obligation.
Is an adult child still entitled to child support?
Yes, if he is continuing his education or is unable to support himself for other reasons (such as health).
Where to apply for alimony in Poznań?
The lawsuit is filed in the district court - family and juvenile department, having jurisdiction over the child's place of residence.
How to end the payment of child support?
You need to file a lawsuit with the court to determine the termination of the child support obligation, showing that the child is already independent or is not making an effort to study/work.
How to reduce alimony?
You can sue the court for a reduction in alimony when your financial capacity decreases (e.g. due to illness, accident, loss of job) or when some of your child's needs become obsolete (e.g. expensive private school).
Can I request an increase in child support?
Yes. To do this, you need to file a lawsuit for an increase in alimony and show that the child's needs have increased significantly (such as starting school, additional activities).
How do you prove your child's expenses in court?
It is useful to provide receipts, invoices, transfer receipts, certificates of costs.
Can alimony be claimed retroactively?
Yes, but only in exceptional situations, such as if a parent had to take out a loan or credit to support a child.
What to do when the other parent does not pay alimony?
If alimony has been court-ordered, its enforcement is handled by a bailiff - you must file an application for enforcement. If this proves ineffective, support from the Alimony Fund is also possible in some situations.
Since when does child support apply?
A judgment in an alimony case is immediately enforceable - alimony is due from the rau after the judgment, even if the judgment is appealed.
Can I file an alimony lawsuit on my own, or is it better to use an attorney?
You can file a lawsuit on your own, but the support of an attorney guarantees that all relevant information for the case will be presented in court, which will help you get alimony in an adequate amount.
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