The rules relating to the provision of educational services are based on provisions State aid laws to rise children. In particular, it appears from the statutory regulations that the intent of the benefit is to partially cover the costs of raising the child, including the care and satisfaction of his or her life needs. As of 1 January 2024 this benefit is PLN 800. Previously, its amount was PLN 500.
Many people wonder if a child’s child’s child’s child’s parent’s child’s kid - care benefits affect the amount of alimony due, in peculiar whether the courts grant lower alimony, since 1 parent receives 800+ to support the child. The answer to that question is no. The content of Article 135(3)(3)(3) is crucial. Code of household and Care. In the light of that provision, the scope of maintenance services is not affected by educational provision.
Practical regulations have frequently been dealt with by household courts in alimony cases. The explanation of the above provisions can so be traced on the basis of decisions given in a circumstantial court case. Although 500+ is mentioned in the case below, the considerations presented there are inactive valid.
Case before the territory Court of Trzciance
The territory Court of Trzciance held a trial for kid support for a insignificant represented by her mother. The court of first instance accepted that the child's child's alimony should amount to PLN 1050 per month. According to the territory Court, there were no grounds for granting higher benefits from the suspect father to the minor.
The plaintiff did not agree with the judgement of the first instance. The appeal requested an increase in alimony to the amount of PLN 2000 per month. According to the appellant, the territory court did not make the correct arrangements for the defendant's commercial opportunities. The appeal pointed out that all period the suspect can gain an equivalent of PLN 14 500 and the justified costs of surviving a insignificant are about PLN 2600 per month.
The territory Court in Poznań took part in the appeal, i.e. increased the alimony for the insignificant plaintiff to the amount of PLN 1500 per month. At the same time, it considered that there were no grounds for granting higher benefits as any of the expenses presented by the plaintiff could not be taken into account. According to the court, the justified needs of the kid should be examined in the light of the rule of equal living. They are dependent on the anticipation of earning parents. Alimony shall be awarded at an estimated amount, based on the projected subsequent expenditure.
What about teaching?
According to the court, a child’s 500+ benefit shall not be taken into account erstwhile determining the maintenance due. This amount should be regarded as exceeding average expenditure (e.g. additional classes, organisation of occasional events for a minor). The court of the second instance found that all period the justified needs of the insignificant needed about 1900 – 2000 PLN. This suspect should participate to a greater extent, laying down PLN 1500 per month. The court noted that the suspect was repaying the loan, but specified expenditure does not prevail before the cost of surviving the kid is regulated. The appeal was so partially granted by the appeal court.
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Daniel Głogowski
Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he sought to address controversial themes and present first viewpoints that allowed for a deeper knowing of the issues discussed. Over the years, he gained a reputation as a reliable journalist. Contact: kontakt@legaartis.pl
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Educational benefit 800+ and a maintenance ruling
