Can I claim child maintenance?
Yes: maintenance for a child can be claimed from the obliged parent. The maintenance obligation towards a child stems from the Family and Guardianship Code. The amount is not set by tables — the district court sets it individually, considering the child's justified needs and the earning and financial capacity of the obliged parent. The principle is that a child has the right to live at a level comparable to the parents. In court practice, amounts per child most often range from several hundred to several thousand zł a month, depending on the situation. So-called instant maintenance (a quick order, an amount based on the minimum wage) is for now only a draft by the Ministry of Justice — it's not in force. You file a petition with the court, and if it's not paid you can take the case to a bailiff.
📋 The rules
- Maintenance obligation from the Family and Guardianship Code
- No tables — the court sets the amount individually
- Criteria: the child's needs and the parent's capacity
- The child has the right to a level comparable to the parents
- Instant maintenance: for now only a draft
🔓 Exceptions
- Securing maintenance: the court can grant it quickly, for the trial period
- Maintenance Fund: support where enforcement fails (criteria apply)
- Changing the amount: possible on a change in the child's needs or parent's means
⚠️ Penalties & fines
Non-payment of awarded maintenance lets you take the case to a bailiff, and persistently evading the maintenance obligation is a crime (art. 209 of the Penal Code) punishable by up to a year in prison; it also risks entry in a debtors' register and retention of the driving licence. Where enforcement fails, the child may get support from the Maintenance Fund (subject to criteria). To pursue maintenance: file a petition with the district court justifying the child's needs and upkeep costs, apply for security for the trial period, and after the judgment — in case of delay — take the case to a bailiff. The amount can later be changed if circumstances change.
📎 Official sources
❓ Frequently asked
How does the court set the maintenance amount?
Individually, without tables or fixed sums. The court considers the child's justified needs (upkeep, education, health) and the obliged parent's earning and financial capacity. The principle is that a child has the right to live at a level comparable to the parents.
How much is child maintenance?
There's no statutory amount. In court practice, maintenance per child most often ranges from several hundred to several thousand zł a month, depending on the child's needs and the parents' situation. In justified cases it can be both lower and much higher.
Is instant maintenance already in force?
No. So-called instant maintenance — with a quick payment order and an amount based on the minimum wage — is still a draft by the Ministry of Justice that hasn't entered into force. Currently maintenance is set by the court individually in proceedings, on a petition.
What if a parent doesn't pay maintenance?
You can take the case to a bailiff for enforcement. Persistently evading maintenance is a crime punishable by imprisonment. Where enforcement fails, the child may get support from the Maintenance Fund after meeting certain criteria.
Can the maintenance amount be changed?
Yes. When circumstances change — the child's needs grow or the parent's finances change — you can ask the court to raise or lower the maintenance. The court re-assesses the child's needs and the obliged parent's earning and financial capacity.
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