The 800+ Benefit and Its Impact on Alimony in Poland

In Poland, a monthly benefit of PLN 800 (commonly referred to as the “800+” benefit) is paid to parents or legal guardians for each minor child.

It is paid monthly by the Social Insurance Institution (ZUS) and applies from birth until the child turns 18. The benefit is unconditional – it does not depend on income and is paid directly to the caregiving parent.

The key question addressed here is: does this 800+ benefit reduce or otherwise affect the obligation of a parent to pay alimony in Poland?

The short answer: by statute the benefit does not directly alter the scope of the alimony/maintenance obligation, yet in practice courts do consider it indirectly when assessing the child’s needs and the parents’ financial capabilities.

Does 800 Plus reduce maintenance obligation in Poland?

Under Article 133 § 1 KRO, parents are obliged to maintenance to a child who cannot support themselves. The amount depends on the child’s justified needs and on the obligor-parent’s earning and asset capacity.

Under Article 135 § 3 KRO, certain social benefits do not affect the scope of maintenance obligations. Among others this includes: “the benefit for child-rearing (świadczenie wychowawcze) under the Act of 11 February 2016”. The benefit in question (800+) is indeed such a benefit.

Thus, from a strictly statutory viewpoint, the receipt of the 800+ benefit by the custodial parent does not legally reduce the other parent’s duty to pay alimony. Courts, however, may look at the benefit when assessing factual circumstances.

In sum:

• Duty: alimony in Poland (child support) exists independently of the 800+ benefit.
• Benefit: designed to assist child‐raising expenses, not to relieve the obligor parent of their support duty.

What is the Practice of Polish Courts regarding 800+ and Maintenance?

Despite the clear statutory rule, in practice, courts more and more often do examine the 800+ benefit when assessing the total needs of the child and the family’s financial situation. Although the benefit legally does not affect the scope of the duty, it constitutes a regular supplement to the maintenance of the custodial parent and cannot be omitted in the factual assessment.

For example: a court held that because the child (via the custodial parent) receives the 800+ benefit, certain expenditures are already covered, the child’s needs are not infinite. In one judgment, the court observed: “If all the child’s needs were to be covered only via the alimony obligation of each parent, then the 800+ benefit would have nowhere to apply … and would constitute pure gain for the receiving parent.”

Although the benefit is not treated as income of the custodial parent (and thus does not directly affect the parent’s ability to pay maintenance) the court still said the fact of its receipt cannot be ignored in assessing what needs to remain.

Thus: while the benefit does not automatically reduce the maintenance payment, it may result in courts calibrating the maintenance amount (or assessing needs) taking into account that the child has access to that benefit.

Key Take-aways for Clients about the 800+ Benefit

1. Maintenance obligation remains – If you are the parent obligated to pay support, you cannot rely solely on the fact that the other parent receives the 800+ benefit in Poland to request a reduction in your obligation. The statutory rule under Art. 135 § 3 KRO protects the maintenance duty.
2. Needs assessment is holistic – If you are making or defending a maintenance claim, you must consider the total picture: the child’s justified needs, the obligor’s capacity, and the resources available (including the benefit). Although the benefit is not treated as income for the parent, it is part of the reality of the child’s resources and may affect what the court finds to be the child’s remaining needs.
3. Documenting expenses is vital – As courts do look at how the benefit is used (and may assume that it covers some costs like education, extracurricular, health) you should document which needs are covered by the benefit and which are still unmet. This helps in arguing either for or against a higher/lower maintenance.
4. Strategic advice – If representing the custodial parent receiving the benefit, emphasize that the 800+ benefit does not relieve the non-custodial parent of their maintenance duty in Poland. If representing the non-custodial parent, emphasize that while the duty is unchanged, the existence of the benefit may support argument for a recalculated need if the child’s needs are demonstrably met via that benefit.
5. No automatic offsets – Be aware that receipt of the benefit doesn’t automatically count as income of the custodial parent nor gives right to demand full pass-through to child. Courts in Poland vary in how they treat the interplay in factual findings.
6. Update and jurisdictional awareness – The benefit and case law may evolve, each case is fact-specific. Always review the latest judgments and factual developments in your region.

Conclusions

In short: the maintenance obligation in Poland persists regardless of receipt of the 800+ benefit. Statutory law makes clear the benefit does not affect the scope of the duty. However, in practice courts do treat the benefit as a relevant element of the child’s financial situation when assessing needs and crafting a fair maintenance amount.