Not everyone is aware that in a situation where it is significantly difficult, or even impossible, to obtain or enforce alimony from one parent, we can demand an order for alimony from our child's grandparents. This will be somewhat more difficult than if we were to seek alimony from a parent, but sometimes it may be the only chance to get the child's due.
It is worth noting that the court will order a maintenance annuity only if the parent obliged to pay alimony is unable to meet his or her obligation, for example, due to illness, age or very low earnings, or if obtaining from him or her in time the maintenance needed by the entitled person is impossible or associated with undue difficulties. In practice, this may mean, for example, that the parent's whereabouts are unknown or he or she is abroad and there are difficulties in enforcing the ordered alimony. There are also situations in which the alimony debtor hides his assets in such a way that enforcement is ineffective or has limited effect.
In such a case, a lawsuit can be filed with the competent District Court against the grandparents. However, the court will rule on the obligation to provide maintenance for the child only if the parent who is suing on behalf of the minor demonstrates that he or she is unable to meet the child's justified needs on his or her own. Grandparents are not liable for the parent's debt, so the amount of the benefit will be limited to the amount that the custodial parent lacks to provide for the child. The amount of alimony will also depend on the grandparents' earning capacity and assets. Thus, it is not necessarily the case that they will be obliged to pay alimony in the amount to which the court originally obliged the parent. The grandparents may also not be obliged to pay the amount of alimony arrears.
According to the regulations, if there are several relatives in the same degree of consanguinity, each of them is responsible only for a certain portion of the maintenance due to the beneficiary. Even if one of the grandparents could fully meet the needs of the entitled person, this cannot be demanded of him if other relatives of the same degree can provide alimony, even if in a much smaller proportion. When demanding child support, it is therefore necessary to sue both grandparents - this can be done in one suit. In the letter initiating the proceedings, you should detail the child's monthly living expenses and indicate the amount of alimony you want to claim. It is worthwhile that the claims we raise regarding the child's living expenses are supported by relevant documents each time. It should also be shown that the grandparents have the financial capacity to contribute to the child's upkeep.
