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The dissolution of a family involving minor children always carries certain consequences, at least for one of the parties. In the event of a divorce, the matter is handled by the district court. However, if the parents disagree on child custody, the issue is referred to the family and juvenile division of the regional court. There, a decision is made regarding the custody and granting of sole parental authority to one of the parties. The regional court also determines the amount of child support, unless the parents can reach an agreement and set a mutually satisfactory amount themselves.
In legal terms, child support is referred to as an alimentary pension. It is essentially a mandatory payment made to a close family member, aimed at providing the entitled person with the means for upbringing and maintenance. The law does not specify an age limit for the obligation to pay child support. However, the child's independence is considered. The obligated party must pay the pension until the child can support themselves. The amount of child support is primarily determined based on the parents, and subsequently on relatives if the parents are unable to fulfill their obligation. Child support is paid in a fixed amount, usually monthly. However, this depends on the court's decision if the parents cannot agree.
It is generally assumed that the amount of child support depends on the income of the person obligated to pay the pension. However, this is misleading, as other factors are currently considered. The priority is the monthly costs arising from the child's maintenance and developmental needs. The law always prioritizes the welfare of minors, ensuring that even after their parents' divorce, they maintain their standard of living. Factors influencing the amount of child support include:
1. The child's needs — as they grow, these increase, allowing the parent to request an increase in child support;
2. The income of both parents;
3. The earnings and assets of the parent obligated to pay child support;
4. The child's maintenance costs, including:
The timing of when child support is paid also matters. Older children typically have greater needs. The pension amount is usually determined considering both parties' earning potential. Importantly, even if the obligated party is unemployed, the potential earnings on the job market are considered, i.e., the amount the person could earn. Additionally, the frequency of visits with the child and involvement in their upbringing are significant factors.
As you know, the amount of child support primarily depends on the child's needs and the earning potential of the obligated parent. Therefore, it is difficult to specify an average amount of child support. The key is that the child must live at the same level as before. In large cities, child support usually does not fall below 500 PLN. Only in exceptional circumstances can this amount be reduced, such as when the obligated parent is seriously ill or otherwise unable to earn. If the obligated party is wealthy, higher child support can be expected.
Importantly, the pension is also granted in child custody cases. Typically, a divorce case precedes this, so if you find yourself in such a situation, you will need a divorce attorney to advise you on how to proceed and, if necessary, help you fight for exclusive custody rights.
You have already learned the factors influencing the amount of child support. They are quite extensive, making it difficult to determine the exact amount independently. Contrary to appearances, it does not matter how much you, as the obligated person, can pay for the child. The obligation to pay child support only considers your earning potential and the child's needs. Therefore, determining the pension amount requires:
If you, as a parent, have no education, the calculation of the amount of child support considers job offers for unskilled individuals. Surprisingly, the child support amount is not always split between both parents. The parent not living with the minor usually faces higher costs. The pension amount considers income percentage and direct child care. It is difficult to determine the amount of child support independently. The court thoroughly analyzes all data, calculates, and documents to make the best division.
A common question for obligated parents is when child support payments begin. The obligation arises when the regional court determines the amount. You should know that the parent also has the right to file a motion for securing claims, especially if the court case for determining the amount of child support is prolonged. This motion establishes an amount the obligated party must pay until the process concludes. The obligated person is notified by mail. Failure to collect the court letter or notice twice results in assuming it has been received.
Contrary to popular belief, child support is not only paid until the child turns 18. The obligation ceases when the child can support themselves. The Family and Guardianship Code indicates that the upper limit is 25 years if the child continues higher education. Notably, there are cases of lifelong child support, such as when the child is so ill that they cannot support themselves.
The obligation to pay child support can be terminated if the guardian proves in court that the child is attempting to extend the receipt of the pension. This may occur if the child is not genuinely pursuing education or unwilling to work to support themselves.
The amount of child support and lack of responsibility lead some parents to avoid payments. It is important to understand that this results in court-imposed penalties. From the moment the alimentary pension is adjudicated, payment is a parental obligation. Under the law, failing to fulfill this obligation is a criminal offense, regulated by Article 209 of the Penal Code. If a parent evades payments or is late, they may face:
The parent with sole custody has the right to seek legal assistance if child support is unpaid for three periods, e.g., three months. The lawyer then refers the case to a bailiff. Simultaneously, if the obligation to pay child support is evaded, the parent can file a complaint with the prosecutor's office for suspected criminal activity.
As you can see, the amount of child support depends on many variables. If you find yourself in a difficult situation, it is best to take the matter to court and initially seek the assistance of an attorney who can help you initiate the process and represent you during the proceedings. This will save many uncertainties and stressful situations.
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