How to apply to terminate a child maintenance obligation in Poland – template and practical guide

A maintenance obligation does not last forever. Where a child becomes financially independent, where the paying parent’s circumstances change significantly, or where the legal basis for the obligation falls away – it is possible to apply to the court to have the obligation terminated. This article explains when and how to do this, and includes a template petition.

Table of contents

1. When can a maintenance obligation be terminated?
2. Which court handles the case and what does it cost?
3. How to calculate the value of the claim and the court fee
4. Template petition to terminate a maintenance obligation
5. What to write in the statement of reasons
6. FAQ

When can a maintenance obligation be terminated?

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 or terminate a maintenance order or agreement. The same provision that allows maintenance to be increased or reduced also permits its complete termination.

The most common situations justifying a petition to terminate maintenance are as follows.

The entitled person becoming self-supporting. The maintenance obligation towards a child ends when the child is capable of supporting themselves independently (Article 133 § 1 of the Family and Guardianship Code). Reaching the age of 18 does not automatically terminate the obligation – what matters is whether the child is in fact capable of meeting their own needs. Where an adult child has taken up employment, has completed their education and is not continuing it further, or is incapable of supporting themselves through their own fault, these are circumstances that support termination of the obligation.

A significant change in the financial situation of the paying parent. Loss of employment, serious illness, or the emergence of new maintenance obligations towards other persons may all provide a basis for applying to terminate or substantially reduce the obligation.

A judicial finding that the paying parent is not the biological father. Where a court judgment denying paternity becomes final, the maintenance obligation terminates by operation of law. A separate petition to terminate the maintenance order is not strictly necessary in that situation, although it is advisable to regularise the position formally.

Which court handles the case and what does it cost?

The petition is filed with the family and juvenile division of the district court (sąd rejonowy, wydział rodzinny i nieletnich) for the place of residence of the respondent (the person entitled to maintenance). Where the respondent has no permanent place of residence, the court for the place of their actual stay has jurisdiction.

How to calculate the value of the claim and the court fee

The value of the claim (wartość przedmiotu sporu) is the annual value of the maintenance – the monthly amount multiplied by 12. For example: if the current maintenance is PLN 800 per month, the value of the claim is PLN 9,600.

The court fee is calculated on the basis of the value of the claim 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. The fee is payable at the court cashier’s office or by bank transfer to the court’s account.

Template petition to terminate a maintenance obligation

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: (full name) residing at: _______________________________ PESEL: ______________________________ (if a minor – acting through their mother/father: full name, address, PESEL)

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

Petition to terminate the maintenance obligation

Acting on my own behalf, I apply for:

1. Termination with effect from _____________ of the maintenance obligation of the claimant (full name) towards the respondent (full name), fixed at PLN _______ per month by the judgment of (name of court) dated _____________ in case reference _____________;

2. The case to be heard also in the absence of the claimant;

3. A default judgment to be issued in the event of the respondent’s failure to appear;

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

Statement of reasons

(The statement of reasons should describe the change in circumstances that has occurred since the previous maintenance order was made and explain why the conditions justifying the continuation of maintenance no longer exist. In particular, it should describe the entitled person’s financial independence, the significant change in the claimant’s financial or earning situation, or any other circumstances supporting termination of the obligation. Each assertion should be supported by appropriate evidence.)

(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 income for the last three months (gross and net);
• any other documents referred to in the statement of reasons.

What to write in the statement of reasons

The statement of reasons must establish that a substantial and lasting change in circumstances has occurred since the previous maintenance order was made, justifying the termination of the obligation. A general assertion is not sufficient – the court expects specific facts and evidence.

Where the basis is the adult child’s financial independence: describe when the child completed their education or took up employment, what income they receive, and whether they are covering their own living costs independently. Where the basis is a change in the claimant’s own situation: describe the loss of employment, illness, or new obligations – with specific dates and figures.

In our experience, the most common difficulty in termination cases is an insufficiently detailed statement of reasons without supporting documents. The more specific and well-evidenced the petition, the stronger the claimant’s position in the proceedings.

FAQ

Does the maintenance obligation end automatically when a child turns 18? No. Reaching adulthood does not automatically terminate the maintenance obligation. The obligation continues for as long as the child is unable to support themselves independently. To bring the obligation to a formal end, a petition to terminate must be filed with the court.

When is a child considered “self-supporting” in Polish law? When the child is able to meet their own reasonable needs from their own income or assets. The fact of taking up employment or completing school may be sufficient – but the court assesses the overall picture. Where a child is studying at university and has no realistic ability to support themselves through work, the maintenance obligation may continue.

From what date does the termination of maintenance take effect? As a general rule, from the date the petition is filed. The court does not terminate maintenance with retrospective effect. It is therefore worth filing the petition as promptly as possible once the circumstances justifying termination arise.

Can I file the petition if the child is simply not enforcing the maintenance? The fact that the entitled person is not actively enforcing the maintenance does not extinguish the legal obligation. The obligation continues until it is terminated by the court. Filing a petition ensures the obligation is formally brought to an end.

What if the respondent obstructs the proceedings or does not appear at the hearing? The court may issue a default judgment in the absence of the respondent – as provided for in point 3 of the petition above. This is an effective remedy where the entitled person fails to cooperate or does not attend.

I am a foreign national – do these rules apply to my situation in Poland? Yes. Where the child is habitually resident in Poland and Polish law governs the maintenance obligation, the rules described in this article apply 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. If the respondent lives outside Poland, cross-border enforcement questions may arise – these depend on the specific circumstances and applicable international rules.

Does an adult child’s enrolment at university prevent termination of the maintenance obligation? Not automatically. Where an adult child is studying and genuinely unable to support themselves through part-time work, courts generally consider the maintenance obligation to continue. However, where the child is capable of working but chooses not to, or is studying a course that does not require full-time commitment, this may support a finding that the obligation should be terminated. Each case is assessed individually.

Read more about the conditions for varying the amount of a maintenance order in Poland → [link to relevant page]

Want to file a petition to terminate a maintenance obligation and need help preparing? 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