Interim child support before judgment

Interim child support is a temporary measure during proceedings. Its purpose is to secure funds for the child before the final judgment. It does not determine the final amount, but protects current needs.

If you are preparing the petition, see: Child support petition: how to file step by step. For the criteria used by courts, see: Child support amounts: criteria and rules.

What child support is and when it applies

Child support covers the maintenance and development of the entitled person, usually a child. The duty arises when the child cannot support themselves or their needs are not met by the other parent.

When the court grants interim support

The court grants interim support when the child’s needs and the obligor’s capacity are made credible and the case requires protection during the proceedings. In practice, you need to show real monthly costs and the other parent’s ability to pay.

You can request interim support in the initial petition or later during the case.

What makes the need “urgent”

Courts look for concrete, current expenses that cannot wait for the final judgment: housing, food, health care, school fees, or necessary transportation. The more specific and well‑documented these costs are, the easier it is to justify interim protection.

How to prepare the motion

A proper motion should include:

• the requested amount and the start date,
• justification of the child’s needs,
• the obligor’s earning and property capacity,
• evidence supporting costs and circumstances.

A monthly cost breakdown with fixed and variable costs helps clarify which expenses are essential.

Documents to attach

Common evidence includes:

• a child cost breakdown,
• receipts and invoices for housing, education, health and transport,
• school and medical documents,
• proof of income or employment information,
• other materials showing real living costs.

Courts require credible proof, not full evidence at this stage, but the documentation must be coherent and realistic.

How quickly the court decides

Interim decisions are usually faster than the main case, but timing depends on the court’s workload and the quality of the motion. A clear cost breakdown and concise justification often speed things up.

Typical costs to show

Courts expect a realistic monthly list. Common items include:

• housing and utilities (child’s share),
• food,
• school or preschool costs,
• health care and medicines,
• transport and commuting,
• extracurricular activities.

From when does interim support apply

Interim support usually applies from the date the motion is filed, unless the court sets a different date. It is temporary and can be changed or revoked if circumstances change.

If the case is connected with a divorce, see: Divorce and child support — when the court decides and how to change it.

When the court may refuse

Typical reasons include:

• no reliable cost breakdown,
• undocumented needs,
• no indication of the obligor’s capacity,
• a request disproportionate to the real costs.

Difference between interim support and the final judgment

Interim support is temporary. The final judgment sets the obligation after full evidence is reviewed, so the amount can differ from the interim order.

Changing or revoking interim support

If circumstances change, either party can request an adjustment. The court reassesses current costs and capacity.

What if the other parent does not pay

Interim support is enforceable. If payments do not arrive, you can use the enforceable order to initiate enforcement against salary or bank accounts, just like with a final judgment.

Example of a concise request

“I request interim support of 1,200 PLN per month from the filing date, based on documented monthly costs of 2,800 PLN and the other parent’s income capacity.” A short, quantified request is easier for the court to assess.

If you already receive partial support, explain what is missing and why the gap is urgent. Courts want a clear link between the requested amount and actual monthly needs.

Common mistakes

• no monthly cost breakdown,
• vague statements without documents,
• ignoring the other parent’s capacity evidence,
• requesting an amount clearly above real costs.

Quick checklist

• cost breakdown with monthly totals,
• receipts or invoices for key expenses,
• income information for both parents,
• clear request for amount and start date,
• short explanation of why the case is urgent.

Even short, consistent documentation can be enough at this stage if it clearly shows the child’s monthly needs. Keep the request concise and numerical.

Child support calculator

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

Sources

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