Child and spousal support

What determines the amount of maintenance?

The court determines the amount of maintenance on the basis of two factors: the justified needs of the entitled person and the earning and financial capacity of the obliged person. This means that what counts are the real costs of maintaining the child, for example food, clothing, medical treatment, education and extra-curricular activities, and on the other hand how much the parent is able to earn, not only how much they actually earn.

The court also takes into account that both parents should contribute to the child's upkeep, while personal efforts in raising the child also have value. To justify the requested amount well, we help prepare a reliable statement of the monthly expenses for the child.

How much does a maintenance (child support) case cost?

A person pursuing maintenance is exempt from the court fee on the petition, so filing the case with the court itself costs nothing. This is a significant facilitation that allows one to pursue the benefits due without a financial barrier. Costs may arise only on the side of the obligated party, if they lose the case.

There remains the question of the attorney's fee, which we set individually and transparently. During a free initial analysis of your case we will assess your real chances and help estimate an appropriate amount of maintenance.

Is it possible to obtain maintenance for the duration of the proceedings?

Yes, one may apply for interim maintenance (a security order) for the duration of the proceedings, so that the child receives funds even before a final and binding judgment. The court examines such an application swiftly, and the maintenance awarded on an interim basis is immediately enforceable. This is crucial where the child's needs are ongoing and cannot wait.

An application for a securing order is best filed together with the statement of claim and supported by a specific list of expenses. We help prepare it so that the child obtains financial support as quickly as possible.

When can maintenance be increased or reduced?

A change in the amount of maintenance is possible when the circumstances change significantly, that is, the needs of the entitled person or the capacity of the obliged person. An increase may be demanded when the child grows and their maintenance costs rise, for example due to medical treatment or a change in the stage of education. A reduction may be pursued when the situation of the obliged person has clearly deteriorated.

• Increase - a rise in the child's costs or an improvement in the parent's situation,
• Reduction - a lasting decrease in income or the emergence of new maintenance obligations.

Cases concerning a change of maintenance are heard by the District Court, which has jurisdiction, among others, over Gdańsk and Gdynia.