Child maintenance in Poland – how is the amount determined and what evidence should you prepare?

Determining the amount of child maintenance is one of the most common sources of disagreement between parents. One parent points to the rising cost of raising a child, while the other refers to their income, loans and everyday expenses. However, Polish courts do not calculate child maintenance according to a single fixed rate or a simple percentage of salary.

What matters most are the child's actual, justified needs, the earning and financial capacity of the parents, and how each parent contributes to the child's care and upbringing.

Preparing a child maintenance case therefore requires more than simply stating the amount requested. It calls for specific calculations, supporting documents and a clear explanation of the circumstances.

What determines the amount of child maintenance in Poland?

The basic rules are laid down in Articles 133 and 135 of the Polish Family and Guardianship Code (Kodeks rodzinny i opiekuńczy).

When determining the amount of child maintenance, a court considers two principal factors:

The child's justified needs – expenses necessary for the child's proper maintenance, development, education and upbringing, taking into account their age, health and individual circumstances.

The earning and financial capacity of the parent obliged to pay – not only their current salary, but also the income they can realistically earn by making use of their qualifications, experience, health and available employment opportunities.

Both factors are important. Even substantial needs do not automatically justify awarding any amount requested. Conversely, a low salary declared by a parent does not necessarily mean that their actual financial capacity is limited.

Every case must be assessed individually.

Which expenses may be included when calculating child maintenance?

The cost of raising a child involves much more than food, clothing and school supplies.

Depending on the circumstances, justified expenses may include:

• Food – everyday meals, school lunches and special dietary needs arising from a medical condition.
• Housing – an appropriate share of rent, service charges, heating, electricity and other reasonable costs of providing accommodation for the child.
• Clothing and footwear – everyday, seasonal and sports clothing, including replacement as the child grows.
• Education – textbooks, school materials, school-related fees, extracurricular activities and justified private tutoring.
• Healthcare – medication, medical appointments, dental treatment, rehabilitation, glasses or therapy where necessary.
• Transport – journeys to school, medical appointments and extracurricular activities.
• Development and leisure – sport, hobbies, school trips, camps, cultural activities and age-appropriate recreation.
• Hygiene and everyday necessities – toiletries, cleaning products, personal hygiene items and other essential supplies.

This does not mean that every expense claimed by a parent will automatically be accepted by the court.

Expenses should be reasonable, genuinely connected with the child's needs and adequately supported by evidence. The family's previous standard of living may also be relevant.

How can you calculate the monthly cost of raising a child?

A useful starting point is a detailed breakdown of expenses.

When preparing such a calculation, it is advisable to distinguish regular monthly costs from seasonal or one-off expenses.

For example, purchasing a winter jacket for PLN 360 does not mean that PLN 360 is spent on the jacket every month. If the purchase is expected to cover one year, the average monthly cost can be presented as PLN 30.

The same approach may be used for school supplies, insurance, holiday camps and other justified periodic expenses.

Example of a child's monthly budget

The following calculation is provided solely to illustrate how to prepare an expense breakdown. It does not represent an official or average cost of raising a child, nor does it indicate the amount of child maintenance that should be awarded.

Such a budget provides a starting point for assessing the child's needs. It does not determine how much each parent should contribute.

The court must also consider the parents' financial capacity and their personal contribution to the child's care and upbringing.

Must both parents cover exactly half of the expenses?

No. The duty to maintain a child does not always mean dividing all expenses equally.

Article 135 § 2 of the Polish Family and Guardianship Code provides that a maintenance obligation may be fulfilled, in whole or in part, through personal efforts to maintain and raise the child.

This is particularly important where the child lives primarily with one parent.

The parent providing day-to-day care does more than cover expenses. They prepare meals, organise medical treatment, help with homework, arrange transport, participate in school life and attend to the child's everyday needs.

These efforts also have legal significance.

Therefore, a parent who carries out most of the daily childcare responsibilities does not necessarily have to pay half of all costs in money. The other parent may be required to make a proportionately greater financial contribution.

This is not an automatic rule. The decision depends on the actual division of childcare responsibilities and the circumstances of both parents.

Does the court consider only the parent's current salary?

No. One common mistake in child maintenance proceedings is treating the parent's current salary as the sole measure of their earning capacity.

The court may examine the parent's education, professional experience, employment history, health, assets, employment opportunities and the realities of the labour market.

For example, a highly qualified parent who, without a justified reason, takes a job paying significantly less than they could realistically earn may not be assessed solely on the basis of their present salary.

Likewise, unemployment does not automatically remove a parent's maintenance obligation.

At the same time, the court should take genuine limitations into account, including health problems or personal circumstances. It should not assume wholly hypothetical earnings that the parent could not realistically achieve.

What evidence should you prepare for a child maintenance case?

Well-organised documents can significantly assist the court in examining the case and assessing the claim.

Evidence of the child's living expenses

Useful documents may include:

• Receipts and invoices for purchases made for the child.
• Confirmation of school, nursery or extracurricular activity fees.
• Medical records and receipts for medication.
• Housing agreements and household bills.
• Bank transfer confirmations relating to education, transport and leisure.
• A monthly expense breakdown explaining how the figures were calculated.

It is not necessary to have a separate receipt for every meal or small purchase. However, the breakdown should be credible, consistent and capable of being explained.

Evidence of the parents' financial circumstances

Relevant evidence may include:

• Employment and salary certificates.
• Tax returns.
• Documents relating to business activities.
• Information about assets.
• Evidence of actual sources of income.
• Information about professional qualifications and employment opportunities.

The parent seeking maintenance does not always have access to the other parent's financial documents.

In such cases, appropriate applications for evidence can be made to the court, including requests for the other party to produce specified documents. Such requests should be tailored to the circumstances of the particular case.

Does the Polish 800+ child benefit reduce child maintenance?

No. The Polish child benefit known as 800+ does not provide grounds for reducing the other parent's maintenance obligation.

Article 135 § 3 of the Polish Family and Guardianship Code excludes the child benefit from affecting the scope of maintenance payments.

Consequently, a parent cannot successfully seek a reduction in child maintenance solely because the other parent receives the 800+ benefit.

The benefit serves a separate purpose and does not replace the parents' obligation to support their child.

Where should a child maintenance claim be filed, and what does it cost?

As a general rule, child maintenance cases in Poland are heard by a district court (sąd rejonowy).

A claim may be filed with the court having general jurisdiction over the defendant or with the court competent for the place of residence of the person entitled to maintenance.

Where the child is a minor, the claim is brought on their behalf by an authorised legal representative, usually one of the parents.

The statement of claim should specify the monthly maintenance amount requested, the proposed payment date, the reasons supporting the claim and the relevant evidence.

A person seeking maintenance is exempt by law from paying court fees and costs covered by the statutory exemption. This does not automatically mean that privately appointed legal representation is free or that no other decisions regarding litigation costs are possible.

Can child maintenance be obtained before the proceedings are completed?

Yes. A person pursuing a maintenance claim may apply for interim protection of the claim.

Such interim relief may require the parent to pay a specified amount on a one-off or periodic basis while the proceedings are ongoing.

This is particularly important when a case takes time and the child needs regular financial support.

The application may be included in the statement of claim. In maintenance cases, the applicant must establish the claim on a prima facie basis for interim protection to be granted.

An interim order is not the final judgment. It can, however, provide necessary financial support before the court reaches its final decision.

Can child maintenance be increased?

Yes. An amount of child maintenance determined previously does not necessarily remain unchanged for many years.

Under Article 138 of the Polish Family and Guardianship Code, a change in circumstances may justify requesting an amendment to a judgment or agreement concerning maintenance.

An increase may be justified, for example, by growing needs related to the child's age, education, medical condition or newly arising expenses.

Changes in the parents' earning and financial capacity may also be relevant.

The mere passage of time is usually insufficient. It is important to demonstrate what has changed since the previous maintenance arrangement and why those changes affect the obligation.

Similarly, a reduction in maintenance may be sought where a genuine change in circumstances justifies it.

Does the maintenance obligation end when the child turns 18?

Not automatically.

Reaching the age of majority does not, by itself, terminate a parent's maintenance obligation under Polish law.

The key issue is whether the child can support themselves, rather than their age alone.

Therefore, the obligation may continue in relation to an adult child who is pursuing justified education and is not yet able to meet their own living expenses.

However, Polish law provides for circumstances in which parents may refuse to provide maintenance to an adult child, particularly where doing so would cause excessive hardship or where the adult child fails to make reasonable efforts to become financially independent.

Each case requires an individual assessment.

Common mistakes in child maintenance cases

In practice, difficulties often arise not because a claim has no legal basis, but because the case has not been properly prepared.

Common mistakes include:

1. Requesting an amount without calculating the child's needs. Simply stating that raising a child is expensive is not a substitute for a detailed budget.

2. Overlooking periodic expenses. School supplies, treatment, seasonal clothing and holidays may be relevant even if the costs do not arise every month.

3. Failing to account for personal childcare. The assessment of each parent's contribution involves not only payments but also genuine care and upbringing.

4. Assessing earning capacity solely by reference to current salary. Qualifications, experience and assets may also matter.

5. Presenting expenses without evidence or an explanation of their purpose. Well-organised documentation makes it easier to assess the child's actual needs.

6. Assuming that every child should receive the same maintenance amount. Children's needs and their parents' circumstances can differ considerably.

Good preparation means presenting a complete but realistic picture of the child's and family's situation.

How should you prepare for a consultation with a lawyer about child maintenance?

Before the meeting, it is helpful to prepare a monthly breakdown of the child's living expenses, gather available documents and outline the relevant family circumstances.

You should also identify which expenses each parent covers, how daily childcare is organised, whether maintenance has previously been determined and whether there is an existing court judgment or agreement.

In cases involving an increase or reduction in maintenance, it is particularly important to compare the present circumstances with those existing when maintenance was last determined.

The Law Office of Advocate Angelika Mazur-Kubowicz provides legal assistance in family law matters, including establishing, increasing and reducing child maintenance. Consultations are available by prior appointment in Kraków, Proszowice and Mszana Dolna.

A thorough assessment of the child's circumstances, the parents' financial capacity and the available evidence helps establish an appropriate legal position and evaluate the available options.

For more information about the legal assistance offered by our law office, visit our Family Law page.

Legal basis: Articles 133, 135 and 138 of the Polish Family and Guardianship Code; Article 753 of the Polish Code of Civil Procedure; Article 96(1)(2) of the Polish Act on Court Costs in Civil Cases.

Legal position as at 3 November 2026. This article is for general information only and does not replace an individual legal assessment of a particular case.