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GuidesLawFamily lawChild supportMaintenance obligation: what it is

Maintenance obligation: what it is

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Child support calculator for a child — estimated amount

Table of contents

  • What child support is and when it applies
  • Legal basis of the obligation
  • What “justified needs” mean
  • Who the obligation applies to
  • Order of persons obliged
  • How courts set the amount
  • Not only money: non‑cash performance
  • When the obligation ends
  • Support for a former spouse
  • What to do when the obligation is disputed
  • Common mistakes
  • Related guides
  • Child support calculator
  • Sources
  • Frequently asked questions (FAQ)

The maintenance obligation is a statutory duty to support a person who cannot meet their justified needs on their own. Most often it applies to parents toward children, but in certain cases it can also involve other close relatives.

What child support is and when it applies

Child support covers the maintenance and development of the entitled person. For the criteria used by courts, see: Child support amounts: criteria and rules.

Legal basis of the obligation

The Family and Guardianship Code (Art. 128 and following) sets out who is obliged and when the duty arises or ends.

What “justified needs” mean

The law does not list a fixed catalogue. “Justified needs” are those appropriate to the person’s age, health and life situation. Courts typically consider:

  • housing and utilities,
  • food,
  • education and commuting,
  • health care, treatment and rehabilitation,
  • development and extracurricular activities.

Who the obligation applies to

Most commonly:

  • parents toward children,
  • children toward parents in specific situations,
  • spouses after divorce under certain conditions.

Courts always assess the individual situation, needs and capacity.

Order of persons obliged

The law provides a hierarchy among relatives. Those closest are considered first, and only if they cannot meet the duty does the obligation move to more distant relatives (for example, in cases against grandparents).

How courts set the amount

Courts assess needs and capacity. Details: Child support amounts: criteria and rules.

Not only money: non‑cash performance

In parent‑child cases, part of the obligation may be fulfilled through personal care and day‑to‑day upbringing. Courts take this into account when assessing each parent’s contribution.

When the obligation ends

Most often when the entitled person can support themselves. For adult‑child cases, courts look at continued education and real ability to work. See: Until when is child support paid.

Support for a former spouse

After divorce, spousal support is not automatic. Courts look at the grounds for divorce, the justified needs of the spouse, and the other party’s earning capacity.

What to do when the obligation is disputed

If circumstances change, you can seek an increase, reduction or termination. This requires a claim and evidence of the change. See: Reduction or termination of child support and Increase of child support — when and how.

Common mistakes

  • no detailed cost breakdown of justified needs,
  • hiding or understating income,
  • ignoring non‑cash care and upbringing contributions,
  • confusing earning capacity with current income only.

Related guides

If you are filing for the first time, see: Child support petition: how to file step by step and Child support — who is entitled and when.

Child support calculator

You can use the child support calculator as a reference point, but it is not binding and should be compared with real costs and evidence.

Sources

  • Family and Guardianship Code (ISAP)
  • Ministry of Justice - official information

Try it in practice

Use our calculator — result in seconds, no registration required.

  • Child support calculator for a child — estimated amount

Frequently asked questions (FAQ)

Kogo dotyczy obowiązek alimentacyjny?+
Najczęściej rodziców wobec dzieci, ale w określonych sytuacjach także innych bliskich krewnych.
Czy obowiązek alimentacyjny wynika z KRO?+
Tak. Podstawą są przepisy Kodeksu rodzinnego i opiekuńczego (m.in. art. 128 i następne).
Kiedy obowiązek alimentacyjny wygasa?+
Gdy uprawniony może utrzymać się samodzielnie lub ustają ustawowe przesłanki obowiązku.

Related guides

  • Child support: who is entitled and when
  • Child support amounts: criteria and rules
  • Child support petition: how to file step by step
  • Child support case: procedure
  • Until when is child support paid?

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Related calculators

  • Child support calculator for a child — estimated amount

Related guides

  • Child support: who is entitled and when
  • Child support amounts: criteria and rules
  • Child support petition: how to file step by step
  • Child support case: procedure
  • Until when is child support paid?
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