How to apply for increased child maintenance in Poland – template and practical guide

Child maintenance set a year or two ago may no longer reflect what it actually costs to raise a child today. Living costs rise, children start school, take up extracurricular activities, need new equipment. Where the current amount no longer covers the child’s reasonable needs, Polish law provides a mechanism to have it increased. How does it work? Below we explain the legal basis, describe the procedure, and provide a template petition that can serve as a starting point.

Table of contents

1. When can you apply for increased maintenance?
2. Which court do you file with?
3. What does it cost to file?
4. How is the value of the claim calculated?
5. Template petition for increased maintenance
6. What to write in the statement of reasons
7. What documents to attach
8. FAQ

When can you apply for increased maintenance?

The legal basis is Article 138 of the Family and Guardianship Code, which provides that where circumstances have changed, either party may apply to vary a maintenance order or agreement. “Changed circumstances” is a broad concept: it covers both an increase in the child’s needs and an improvement in the financial position of the paying parent.

In practice, the most common reasons for seeking an increase are: the child has grown older and their needs have changed – they have started secondary school, begun further education, taken up activities that involve costs; the cost of living has risen significantly since the order was made; a considerable amount of time has passed since the last determination and the amount is simply out of date; or the paying parent’s financial situation has improved.

It is not enough simply to point to the passage of time. You need to demonstrate that circumstances have actually changed in a way that justifies a higher payment. The more precisely and thoroughly you document this, the stronger your position before the court.

Which court do you file with?

The court with substantive jurisdiction is the family and juvenile division of the district court (sąd rejonowy, wydział rodzinny i nieletnich). On the question of territorial jurisdiction, the applicant has a choice: you may file either with the court covering the paying parent’s place of residence, or with the court covering the child’s place of residence. The choice belongs to the applicant.

For residents of Poznań, the relevant court depends on the exact address: it may be the Poznań-Stare Miasto District Court, the Poznań-Grunwald i Jeżyce District Court, or the Poznań-Nowe Miasto i Wilda District Court. Each court publishes on its website a list of the streets and localities within its jurisdiction.

What does it cost to file?

A petition for increased child maintenance is exempt from court fees – there is nothing to pay on filing. This is one of the relatively rare situations in Polish civil proceedings where the party initiating the case bears no upfront costs.

How is the value of the claim calculated?

The value of the claim (wartość przedmiotu sporu) is twelve times the monthly maintenance amount sought – not the difference between the old and new amounts, but the full amount claimed. For example: if you are seeking maintenance of PLN 1,500 per month, the value of the claim is PLN 18,000 (12 × PLN 1,500). This figure must be stated in the petition and is relevant, among other things, to the calculation of potential legal costs if the case is contested.

Template petition for increased maintenance

Poznań, _____________ [date]

District Court Poznań-Stare Miasto in Poznań Family and Juvenile Division IV ul. Młyńska 1a 61-729 Poznań

Claimant: the minor (full name) residing at: _______________________________ PESEL: ______________________________ acting through their mother/father (full name) residing at: _______________________________ PESEL: ______________________________

Defendant: (full name) residing at: _______________________________ PESEL: ______________________________

Value of the claim: _______ PLN

Petition for increased child maintenance

Acting on behalf of the minor claimant (full name), I request that the court:

1. Increase the maintenance payable by the defendant (full name) to the minor claimant (full name) to the amount of _______ PLN per month, payable by the _____ day of each month to the mother/father of the minor claimant (full name), together with statutory interest for any delay in payment of each instalment from _____________ onwards, in place of the maintenance established by the judgment/settlement of _______ in case reference _____________;

2. Admit evidence by examination of the parties for the purpose of establishing the current financial situation of the minor claimant, their reasonable needs, and the earning capacity and financial situation of the defendant;

3. Admit evidence by examination of the following witnesses:

   • (full name), residing at _____________ – to give evidence as to the current financial situation and needs of the claimant;
   • (full name), residing at _____________ – to give evidence as to the financial situation and earning capacity of the defendant;

4. Hear the case in the absence of the claimant if necessary;

5. Issue a default judgment in the event of the defendant’s failure to appear;

6. Order that the judgment be immediately enforceable (rygor natychmiastowej wykonalności);

7. Order the defendant to pay the claimant’s costs of proceedings according to the applicable scales.

Statement of reasons

(The statement of reasons should describe what has changed since the maintenance was last determined – the child’s increased needs, rising costs of living, any improvement in the defendant’s financial position. Each assertion should be supported by evidence.)

(signature of the person acting on behalf of the claimant)

Attachments:

• copy of the petition and attachments (for service on the defendant);
• payslips or employer’s certificate confirming earnings for the last three months (gross and net);
• documents confirming the child’s monthly costs (rent, utilities, clothing, medication, extracurricular activities);
• copy of the judgment or settlement establishing the current maintenance;
• any other documents referred to in the statement of reasons.

What to write in the statement of reasons

The statement of reasons is the most important part of the petition – and the hardest to write well without legal assistance. It must establish two things: that circumstances have changed since the previous order was made, and that the new, higher amount corresponds to the child’s reasonable needs and the paying parent’s capacity to pay.

In concrete terms, it is worth setting out: the child’s current monthly costs broken down by category; what has changed since the last order (for example, the child has started school, begun medical treatment, or living costs have risen); and the paying parent’s current financial and employment situation – if this has improved since the last order, that is a separate argument in favour of an increase.

In our experience, the most common mistake is a vague statement of reasons. Simply saying that “costs have gone up” without specific figures and supporting documents rarely persuades a court. The more detailed and evidenced the statement of reasons, the greater the prospect of obtaining the amount sought.

What documents to attach

The petition should be supported by everything that substantiates the assertions made in the statement of reasons: salary certificates or payslips for the applicant parent; receipts and invoices documenting the child’s costs of living; medical certificates where the child requires ongoing treatment or rehabilitation; contracts for extracurricular activities; and documents relating to housing costs. A copy of the judgment or settlement establishing the current maintenance is essential – the court needs to know what it is being asked to increase and on what basis.

FAQ

Can I file the petition myself, without a lawyer? Yes – and many people do. The template in this article can serve as a framework. It is worth bearing in mind, however, that every case is different, and a poorly drafted statement of reasons or missing key documents can result in a lower award than might otherwise have been obtained. For claims involving larger amounts, taking legal advice tends to pay for itself.

How long do proceedings take? In district courts in the Poznań area, the wait for a first hearing is typically a matter of months. Straightforward cases where the defendant does not contest the application can sometimes be resolved at a single hearing. Where there is a dispute about the amount or about the parties’ financial circumstances, proceedings may take longer.

From what date does the increased maintenance apply? As a general rule, the court can order increased maintenance from the date the petition was filed, not from the date of judgment. This means it is worth filing promptly once the decision has been made – each month of delay is a month for which the higher amount cannot be recovered retrospectively.

Can maintenance be increased after the child turns 18? Yes. The maintenance obligation does not end automatically when a child reaches adulthood – it continues for as long as the child is unable to support themselves, for example because they are continuing in full-time education. Once the child has turned 18, they file the petition in their own name rather than through a parent acting as their legal representative.

What if the paying parent claims their financial situation has worsened? This is a factor the court will take into account when assessing the paying parent’s capacity to pay. It does not automatically block an increase, however. The court looks at the overall picture, including whether the alleged deterioration is genuine and lasting, or whether the paying parent may be understating their income.

I am a foreign national living in Poland – does this procedure apply to me? Yes. The procedure described in this article applies to all maintenance proceedings before Polish courts, regardless of the parties’ nationality, where the case falls within Polish jurisdiction. One practical point: all documents submitted to a Polish court must be in Polish. Documents in other languages require a sworn translation. If the original maintenance order was made by a court in another country, additional procedural steps may apply – legal advice on the specific situation is recommended.

Do you have questions about increasing child maintenance or need help drafting a petition? 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