How to terminate a parent’s court-ordered child support obligation?

25.06.2023

How to terminate a parent’s court-ordered child support obligation?

Polish law does not indicate at what age the alimony obligation ends. It is assumed that a parent has an obligation to pay for a child as long as the child is unable to support himself or herself, even if he or she has already reached the age of 18, i.e. is an adult.

The court decision never states how long the obligee’s child support obligation will last. Nor does the Family and Guardianship Code provide a specific time limit in this regard.

The expiration of the alimony obligation depends on various circumstances related to:
– the capabilities of the child,
– the behavior of the child,
– the financial situation of the parents.

The general rule is that the alimony obligation lasts as long as the child is unable to support himself. There is nothing in the legislation to indicate that once a child reaches the age of majority, alimony for an adult child is no longer due to the child.

Thus, a parent is obliged to contribute to the maintenance of an adult child, unless that child does not make an effort to support himself in the future.

Many parents wonder until when child support is paid for a child who is studying. After all, studies can take years, and a child who does not strive for independence may deliberately take new courses of study in order to continually receive maintenance payments from a parent.

Therefore, it is important to know that alimony is indeed due to a child pursuing a college education, provided that such study is justified. This means that the child should undertake such study within a reasonable period of time after the end of the primary education stage.

So how do you formally terminate the alimony obligation? The person obliged to pay alimony must petition the court to terminate alimony.

A properly substantiated lawsuit on this matter should be filed with the family court of the child’s place of residence.