The widespread belief that maintenance ends when a child turns 18 is incorrect. Polish law ties the maintenance obligation not to the child’s age but to their ability to support themselves independently. In practice this means that a student, a person with a disability or a young adult just entering the job market may successfully claim maintenance from their parents – but only under certain conditions.

The Legal Basis – Article 133 of the Family and Guardianship Code

Article 133 § 1 of the Family and Guardianship Code provides that parents are obliged to provide maintenance for a child who is not yet able to support themselves independently – unless the income from the child’s own assets is sufficient to cover the costs of their maintenance and upbringing.

The provision sets no age limit. The sole criterion is the ability to support oneself independently – and it is that ability which determines whether the maintenance obligation continues or comes to an end.

When an Adult Child Is Entitled to Maintenance

University studies. The most common situation in practice. A student who is unable to take up paid employment that would allow independent self-support due to the demands of their studies is entitled to maintenance. This applies to full-time studies and – in certain circumstances – part-time studies, where combining work with study is genuinely impossible or significantly difficult.

It does not matter whether the child has completed a bachelor’s degree and is continuing at master’s or doctoral level – if they are still unable to support themselves, the obligation continues.

Disability or illness. An adult child with a disability or chronic illness that prevents them from working is entitled to maintenance without any time limit. In such cases the maintenance obligation may continue indefinitely.

The transitional period after completing education. A young adult who has just finished school or university and is actively looking for work may receive maintenance for a period of time. However, that period should be reasonable and should end when employment is found or the ability to support oneself is obtained.

When Parents May Refuse Maintenance

Article 133 § 3 of the Family and Guardianship Code provides two situations in which parents may decline the maintenance obligation towards an adult child.

Excessive hardship. Where providing maintenance would involve excessive hardship for the parents – for example where they are themselves in financial difficulty, elderly or ill – they may successfully resist the maintenance obligation.

Lack of effort by the child. Where the child is not making efforts to become independently self-sufficient, parents may refuse maintenance. This means that an adult child who could take up work but chooses not to; who has abandoned their studies without good reason; or who leads an extravagant lifestyle – may face a refusal.

The court assesses this individually, taking all circumstances into account – age, state of health, the labour market situation and academic performance.

The Level of Maintenance for an Adult Child

The rules for determining the level are the same as for maintenance of a minor child – Article 135 § 1 of the Family and Guardianship Code. The court takes into account the child’s justified needs and the parents’ earning and financial capacity.

For an adult child, courts frequently take into account: tuition fees and educational materials, accommodation costs (where the child studies away from home), living costs (food, clothing, hygiene products) and medical and medication costs.

The child’s own income – from casual work, a scholarship or other sources – affects the level of maintenance. Where the child has earnings, maintenance may be correspondingly lower.

How Long Does Maintenance for an Adult Child Last

There is no upper age limit. The maintenance obligation ends when the child becomes able to support themselves independently – regardless of whether they are 20, 25 or 30 years old.

In practice courts take the view that completing studies and taking up employment marks the end of the obligation. However, where a graduate cannot find work despite active efforts, short-term maintenance may still be justified.

Changing and Ending the Obligation – Article 138

Either party may seek a change in the level of maintenance where circumstances change. A parent may bring a claim to reduce or end maintenance where the child has taken up work, completed their studies, their financial situation has improved or the parent’s situation has deteriorated.

The child may in turn seek an increase in maintenance where their needs have grown – for example due to illness or a transfer to a more expensive university.

How an Adult Child Can Claim Maintenance

An adult child files a maintenance claim in their own name – independently – with the district court competent for the defendant parent’s place of residence or their own place of residence. They do not need the consent or involvement of the other parent.

It is worth attaching to the claim: documents confirming student status (a university certificate), documents confirming needs (a breakdown of living costs, invoices, receipts), documents confirming income or its absence, and information about the parents’ financial situation.

Do you need help with a maintenance claim for an adult child? Call: +48 531 335 713 or write to kancelaria@prawnikodrozwodu.pl

This article provides general legal information and does not replace individual legal advice in a specific case. Every family law matter requires analysis of the specific circumstances and documents. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For legal advice tailored to your situation, please contact our law firm.

We invite you to contact the Family Law Practice: 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