How to Reduce Maintenance for a Child in Poland?

Can child support be reduced in Poland?

Yes. In Poland, child support (alimony) can be reduced, but only when there’s a significant change in circumstances. The reduction must be justified and approved by a court. Common grounds include the payer’s worsened financial situation or changes in the child’s needs.

When is a request for reduced maintenance justified?

A request is most likely to succeed when:

• The financial condition of the paying parent deteriorates (e.g., job loss, illness).
• The child becomes partially or fully self-sufficient.
• The child support was originally set too high relative to current standards.
• New financial responsibilities arise, like supporting another child.

Important: The change must be significant and lasting. Temporary hardship rarely leads to permanent reductions.

Can the birth of another child reduce existing support obligations?

Yes, under Polish family law, the birth of a new child can justify lowering previously awarded child support – if it imposes a substantial new financial burden. Courts evaluate both the needs of the new child and the overall financial balance of the parent.

However, having more children isn’t an automatic reason for reduction. The court assesses whether the new obligation truly impairs the parent’s ability to meet earlier commitments.

How to file a claim for reducing child support in Poland?

To reduce alimony, the obligated parent must file a lawsuit in the family court. The claim must clearly:

• State the changed circumstances,
• Provide supporting documentation (e.g., medical records, job termination letters, proof of new family obligations),
• Propose a new, realistic amount based on current financial capacity and the child’s needs.

What to expect during court proceedings?

The court will analyze:

• The original judgment and its rationale,
• The income and expenses of both parents,
• The child’s evolving needs and independence,
• Overall fairness and proportionality of obligations.

Importantly, the court considers not only the income that the parent actually earns, but also what they could and should be earning – if they applied reasonable effort and followed principles of sound financial conduct, in accordance with their intellectual and physical capabilities. The judge evaluates whether the parent’s underperformance is justified or not based on the circumstances

Furthermore, if within the last three years prior to the court proceedings the obligated parent, without valid reason, renounced a property right, allowed it to be lost, resigned from employment, or switched to lower-paying work, the court will disregard the resulting reduction in income when determining the maintenance obligation.

Hearings typically involve financial disclosures and may include testimonies. Representation by a family lawyer increases the chances of success.

Practical Tip:

Reducing alimony is not about “paying less” – it’s about fair recalibration based on real-life changes. Courts are cautious and child-centric in such matters. It is advisable to be well prepared with evidence to support the request for alimony reduction.

Contact our Family Law Team in Poland

If your situation has changed and you’re considering adjusting child support, our experienced family lawyers can guide you through the process. Learn more about our family law services and get in touch at [email protected].