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

Child maintenance set some years ago may no longer reflect either party’s current circumstances. The paying parent’s financial situation may have deteriorated significantly – through job loss, illness, the arrival of further children, or a substantial increase in their own necessary costs. Polish law provides a mechanism to have the maintenance reduced where these circumstances can be demonstrated. How does it work? Below we explain the legal basis, describe the procedure, and provide a template petition.

Table of contents

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

When can you apply to reduce child maintenance?

The legal basis is Article 138 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), which provides that where circumstances have changed, either party may apply to vary a maintenance order or agreement. The same provision that allows maintenance to be increased also permits a reduction.

“Changed circumstances” is a broad concept covering both sides of the relationship. On the paying parent’s side, relevant changes typically include: a significant deterioration in financial or employment situation, loss of employment, serious illness or disability, the birth of further children requiring support, or a substantial increase in the parent’s own necessary living costs. On the child’s side, the basis for a reduction may include a decrease in the child’s reasonable needs – for example, the end of expensive extracurricular activities, or the child becoming partially self-supporting.

The change must be substantial and lasting – not temporary or the result of short-term difficulties. The court compares the parties’ current situation with their situation at the time the previous maintenance order was made.

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 petition is filed with the court for the place of residence of the person entitled to maintenance (the child), who appears as the respondent in the proceedings.

This distinguishes an application to reduce maintenance from an application to increase it. In an application to increase maintenance, the applicant is the entitled person and has a choice of courts. In an application to reduce maintenance, the paying parent is the claimant and must file with the court for the respondent’s place of residence.

For residents of Poznań, the relevant court depends on the child’s 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.

How is the value of the claim calculated and what does it cost?

The value of the claim (wartość przedmiotu sporu) is the annual amount of the difference between the current maintenance and the reduced amount sought. For example: if current maintenance is PLN 1,500 per month and the claimant seeks to reduce it to PLN 900 per month, the monthly difference is PLN 600 and the value of the claim is PLN 7,200 (PLN 600 × 12 months).

The court fee is calculated under Article 13 of the Law on Court Costs in Civil Cases (ustawa o kosztach sądowych w sprawach cywilnych). For values of claim up to PLN 20,000, fixed fees apply as follows: up to PLN 500 – PLN 30; over PLN 500 to PLN 1,500 – PLN 100; over PLN 1,500 to PLN 4,000 – PLN 200; over PLN 4,000 to PLN 7,500 – PLN 400; over PLN 7,500 to PLN 10,000 – PLN 500; over PLN 10,000 to PLN 15,000 – PLN 750; over PLN 15,000 to PLN 20,000 – PLN 1,000. Above PLN 20,000, the fee is 5% of the value of the claim. The fee is payable at the court cashier’s office or by bank transfer to the account indicated on the court’s website.

Template petition for reduction of child maintenance

Poznań, _____________ [date]

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

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

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

Value of the claim: _______ PLN Court fee: _______ PLN

Petition for reduction of child maintenance

Acting on my own behalf, I apply for:

1. Reduction of the maintenance order made by the District Court _____________ in case reference _____________, in favour of the minor (full name) acting through their mother/father (full name), from PLN _______ to PLN _______ per month, with effect from _____________;

2. A default judgment in the event of the respondent’s failure to attend the hearing;

3. An order that the judgment be immediately enforceable;

4. An order that the respondent pay the claimant’s costs of proceedings in accordance with the applicable scales.

I note, pursuant to Article 187 § 1 point 3 of the Code of Civil Procedure, that the parties have / have not attempted an out-of-court resolution of the dispute.

Statement of reasons

(The statement of reasons should set out the grounds for the reduction of maintenance and the evidence supporting them. It should demonstrate that, since the previous maintenance order was made, there has been a substantial change in the circumstances of either party.)

(signature of the claimant)

Attachments:

• copy of the petition and attachments (for service on the respondent);
• proof of payment of the court fee;
• salary certificate or payslips showing the claimant’s current income for the last three months (gross and net);
• documents evidencing the change in circumstances (for example, medical records, employment documentation);
• 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. It must establish two things: that a change in circumstances has occurred since the previous order was made, and that the lower amount sought corresponds to the parties’ current situation.

It is worth describing: the claimant’s current financial and personal situation; what has changed since the last order (for example, loss of employment, illness, new family obligations); and, where the basis for reduction is a decrease in the child’s needs, what that change consists of and how it can be evidenced.

In our experience, the most common shortcoming in applications of this kind is a vague statement of reasons. Simply asserting that “my income has fallen” without specific figures and supporting documents rarely persuades a court. The more detailed and evidenced the statement of reasons, the stronger the claimant’s position in the proceedings.

What documents to attach

The petition should be supported by everything that evidences the change in circumstances: certificates or payslips showing current income; a notice of termination of employment or certificate of employment (where job loss is relied upon); medical documentation (where health issues are a factor); evidence of additional family obligations (such as the birth of a further child); and any documents relating to the claimant’s current necessary costs of living. A copy of the judgment establishing the current maintenance is essential.

FAQ

Can I file the petition myself without a lawyer? Yes. There is no requirement to instruct a lawyer. The template in this article can serve as a framework. In more complex cases – particularly where the respondent actively contests the application – the assistance of a lawyer significantly increases the prospect of a favourable outcome.

From what date does the reduced maintenance 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. This is why it is worth filing promptly once the decision has been made.

What if my financial situation improves after the petition is filed? If the claimant’s financial situation improves during the proceedings, the court will take this into account when assessing whether the reduction is justified. Any significant change in circumstances should be communicated to the court or to the claimant’s legal representative.

Does the other parent have to consent to a reduction? No. Where the parties cannot reach agreement, the matter is decided by the court. The other parent’s agreement is needed only if the parties wish to resolve the matter amicably outside court proceedings.

What if the child is over 18? Once the child reaches adulthood, they become a party to the proceedings in their own right and represent their own interests. The petition should in that case be directed to the adult child directly, not to their parent.

I am a foreign national – does this procedure apply to me? Yes. Where the child is habitually resident in Poland, Polish courts have jurisdiction over maintenance matters and the procedure described in this article applies regardless of the parties’ nationality. EU Regulation No 4/2009 on maintenance obligations governs jurisdiction and applicable law between EU member states. All documents submitted to a Polish court must be in Polish; documents in other languages require a sworn translation.

What if there is already a maintenance order from a court in another country? Where maintenance has been established by a foreign court, varying that order may require proceedings in the country where the original order was made, depending on the applicable international rules. Whether a Polish court has jurisdiction to vary a foreign maintenance order depends on the specific circumstances and the applicable EU or bilateral rules. Legal advice on the individual situation is recommended.

Read more about what conditions must be met for a Polish court to vary a maintenance order → [link to relevant page]

Want to apply to reduce child maintenance and need help preparing the 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