Can child maintenance be reduced in Poland?

One of the questions we hear most often from parents who are paying child maintenance is whether the amount can be reduced. The short answer is yes – but not on request alone and not automatically. Polish law allows a reduction only where the circumstances that justified the original amount have genuinely changed. This article explains how that works in practice.

Table of contents

1. The legal basis – Article 138 of the Family and Guardianship Code
2. What does “change of circumstances” mean?
3. Two routes to reducing maintenance
4. Case reference IV RC 161/14 – how the court assessed the change
5. When will a reduction not be granted?
6. How to file a petition for reduction of maintenance
7. FAQ

The legal basis – Article 138 of the Family and Guardianship Code

The power to vary child maintenance – both upwards and downwards – derives from Article 138 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy). The provision states that where circumstances change, either party may apply to vary a maintenance order or agreement.

This short sentence has significant practical consequences. It means that no maintenance order is permanent – any order can be varied if the circumstances on which it was based have genuinely changed. The change may result in an increase (where the child’s needs grow or the paying parent’s financial position improves) or a reduction (where the child’s needs decrease or the paying parent’s circumstances deteriorate).

What does “change of circumstances” mean?

The concept of “change of circumstances” in Article 138 is deliberately broad – but it does not cover every minor fluctuation in the parties’ lives. Courts consistently require the change to be substantial and lasting, not temporary or the result of short-term difficulties.

In the context of reducing maintenance, a relevant change on the paying parent’s side typically involves a significant deterioration in their financial or employment situation: loss of employment, serious illness, disability, or a substantial increase in their own necessary living costs. On the recipient’s side – usually the child – a relevant change may include a reduction in the child’s reasonable needs: the child grows older and certain costs fall, they give up expensive extracurricular activities, or they begin working and are partially self-supporting.

The key exercise is a comparison: the court sets the parties’ current situation against their situation at the time the original order was made. If the difference is sufficiently significant, a variation is justified.

Two routes to reducing maintenance

The first and most straightforward option is agreement between the parties. If both parents agree to a reduction, they can conclude a settlement – through mediation, before the court, or in a written agreement. A settlement approved by the court carries the same force as a court order.

Where agreement is not possible, it is necessary to bring proceedings for a reduction of maintenance under Article 138 of the Family and Guardianship Code. The petition is filed with the family division of the district court (sąd rejonowy, wydział rodzinny) with jurisdiction over the place of residence of the person entitled to maintenance (the child). The proceedings follow an adversarial procedure and the burden of proof lies with the petitioner – it is the paying parent who must demonstrate that the change of circumstances justifies a reduction.

An important practical point: a reduction of maintenance does not take effect retrospectively. As a general rule, the court can order a reduced amount from the date the petition was filed, not earlier. Every month of delay therefore means a month for which the full current amount remains due.

Case reference IV RC 161/14 – how the court assessed the change

The District Court (Sąd Rejonowy) in Poznań, in case reference IV RC 161/14, heard an application by a father for a reduction of the maintenance ordered following a divorce judgment in 2011. The court carried out a detailed analysis of both parties’ situations and made several significant findings.

On the paying parent’s side (the father): his reasonable living costs had increased by approximately PLN 1,900 per month compared to the time when the original maintenance was ordered. He was spending only PLN 1,000 per month on his own direct living costs, while the court assessed his reasonable needs as considerably higher.

On the recipients’ side (the children): the court found that their reasonable needs had decreased by PLN 500 per month. Notably, the court found that the children were attending an excessive number of extracurricular activities, which – as the court’s reasoning expressly stated – “inhibits their development and is additionally costly.” This is a striking but logical assessment: an overload of activities may not serve the child well, and the court declined to treat the associated costs as “reasonable needs” to be borne by the paying parent.

As a result, the court reduced maintenance for V.C. from PLN 3,000 to PLN 2,200 per month, for N.C. from PLN 2,000 to PLN 1,600 per month, and for A.C. from PLN 1,500 to PLN 1,100 per month.

This case illustrates that courts do not automatically accept all expenditure on children as justified. They assess it through the lens of the child’s genuine needs and the paying parent’s realistic capacity.

When will a reduction not be granted?

A reduction will not be granted where the deterioration in the paying parent’s financial situation results from their own deliberate choices – for example, voluntarily giving up employment or deliberately understating income. The court assesses not only the parent’s actual earnings but also their earning capacity – that is, what they could reasonably be earning if they were taking appropriate steps.

A subjective sense that the amount is “too high” is not sufficient either. What is needed is an objective, demonstrable change in circumstances that can be established before the court with concrete evidence.

In our experience, the most common error in applications to reduce maintenance is a vague statement of reasons. Simply asserting that “circumstances have changed” without specific figures and supporting documents rarely persuades a court. The more detailed and evidenced the application, the greater the prospect of it being granted.

FAQ

Can I stop paying maintenance if I lose my job? No. Loss of employment may be grounds for filing a petition to reduce maintenance, but until the court varies the order the existing amount remains due in full. Unilaterally stopping payments can lead to enforcement proceedings and potential criminal liability under Polish law.

From what date does a reduced maintenance amount apply? As a general rule, from the date the petition is filed. The court cannot reduce maintenance for any period before the petition was submitted.

Does the other parent’s consent to a reduction make proceedings unnecessary? If both parties agree, the reduction can be formalised in a settlement without the need for a contested hearing. Where no agreement exists, court proceedings are necessary. The other parent’s consent is required only if the parties wish to reach an out-of-court settlement.

What if the child has started working? A child taking up employment and earning their own income can constitute grounds for reducing – and in some cases entirely ending – the maintenance obligation. This depends on the level of the child’s income and their remaining reasonable needs.

Can maintenance be reduced if I have a new family and further children? Yes – the birth of further children and the obligation to maintain them may constitute a relevant change of circumstances. The court assesses the paying parent’s overall financial position, however, and does not automatically assume that new children reduce the capacity to pay maintenance to earlier children. Each case is assessed individually.

I am a foreign national – does Polish law apply to my maintenance obligation? Where the child is habitually resident in Poland, Polish courts have jurisdiction and Polish law applies to maintenance matters under EU Regulation No 4/2009 on maintenance obligations (as between EU member states) or under Polish private international law rules and applicable bilateral treaties for non-EU situations. If you are paying maintenance under an order made by a court in another country, the rules on varying that order may differ. Legal advice specific to your cross-border situation is recommended.

What documentation do I need to support a petition for reduction? The core documents are: evidence of your current income (payslips or employer’s certificate), evidence of your current necessary living costs, and any documentation supporting the specific change you are relying on (for example, medical records if health is a factor, or evidence that the child’s needs have decreased). The stronger and more specific the evidence, the better placed the court is to assess the application fairly.

Considering whether your situation justifies an application to reduce maintenance? Call: +48 531 335 713 or email: kancelaria@prawnikodrozwodu.pl

This article is for general informational purposes only and does not constitute legal advice. Every family law case is individual and requires analysis of the specific facts and documents involved. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For advice tailored to your situation, please contact our office.

Kancelaria Prawa Rodzinnego (Family Law Office): Adwokat Michalina Koligot, Adwokat Marta Krzyżanowicz, Adwokat Anna Konrady, Radca prawny Joanna Jędrzejewska ul. Mickiewicza 18a/3, 60-834 Poznań | tel. +48 531 335 713 | kancelaria@prawnikodrozwodu.pl | www.prawnikodrozwodu.pl