How to claim child maintenance in Poland – template petition and practical guide

Child maintenance is not a favour from one parent to the other – it is the child’s right, guaranteed under Polish family law. If the other parent is not contributing voluntarily to the child’s upkeep, you can enforce that obligation through the courts. The procedure is more straightforward than many people expect, and filing a maintenance petition costs nothing in court fees. This article explains how to do it, step by step.

Table of contents

1. What is the legal basis for child maintenance in Poland?
2. How does the court calculate the amount?
3. Which court do you file with?
4. How to calculate the value of the claim
5. Template maintenance petition
6. What to write in the statement of reasons
7. What documents to attach
8. FAQ

What is the legal basis for child maintenance in Poland?

The maintenance obligation arises from Article 128 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), which imposes on relatives in the direct line and on siblings an obligation to provide means of subsistence and, where necessary, means of upbringing. In practice this applies above all to the obligation of parents towards their children, which continues for as long as the child is unable to support themselves independently – regardless of whether the child has reached adulthood.

Importantly, the maintenance obligation does not depend on whether the parents were married. A child is entitled to maintenance regardless of the parents’ civil status and regardless of whether paternity was established by court order or acknowledged voluntarily.

How does the court calculate the amount?

Under Article 135 § 1 of the Family and Guardianship Code, the scope of maintenance depends on the reasonable needs of the entitled person (the child) and the earning capacity and financial means of the person obliged (the parent). The court looks at both sides simultaneously – it is not enough to show that the child’s needs are substantial; the court also assesses what the other parent is genuinely capable of paying.

Reasonable needs include the costs of food, clothing, housing, education, medical care, extracurricular activities, and age-appropriate recreation. The obliged parent’s earning capacity is assessed not only by reference to their actual current income, but also by reference to what they could earn if they made full use of their qualifications and opportunities. A parent who deliberately avoids employment or understates their income does not escape the obligation.

In our experience, the most common weakness in maintenance cases is an overly general description of the child’s costs. The court expects specific figures and supporting documents – receipts, invoices, certificates – not broad assertions.

Which court do you file with?

The petition is filed with the family and juvenile division of the district court (sąd rejonowy, wydział rodzinny i nieletnich). On the question of territorial jurisdiction, the claimant has a choice: the petition may be filed with the court for the place of residence of the entitled person (the child) or for the place of residence of the respondent (the parent from whom maintenance is sought). The choice belongs to the claimant – whichever is more convenient.

An important practical point: a maintenance petition is entirely exempt from court fees. The claimant pays nothing to file.

How to calculate the value of the claim

The value of the claim (wartość przedmiotu sporu) is the annual value of the maintenance sought – the monthly amount multiplied by 12. For example: if monthly maintenance of PLN 1,000 is sought, the value of the claim is PLN 12,000. This figure must be stated in the petition and is relevant, among other things, for calculating the costs of legal representation if the case is contested.

Template maintenance petition

Poznań, _____________ [date]

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

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

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

Value of the claim: _______ PLN

Petition for child maintenance

Acting on behalf of the minor claimant (full name), born on _____________ in _____________, represented by their mother/father (full name), I apply for:

1. An order that the respondent pay the claimant maintenance of PLN _______ per month, payable to the mother/father of the minor by the _______ day of each month, together with statutory interest for late payment in the event of any delay, with effect from the date of filing this petition;

2. An order that the respondent pay arrears of maintenance in the amount of PLN _______ for the period from _____________ to the date of filing this petition, together with statutory interest for late payment from the date of filing to the date of payment (if applicable);

3. Admission of evidence from the examination of the parties, limited to the examination of the claimant’s legal representative (full name) – for the purpose of establishing the costs of the minor claimant’s upkeep, the financial situation and earning capacity of both the legal representative and the respondent;

4. Admission of evidence from the documents referred to in this petition;

5. The hearing to proceed in the absence of the claimant;

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

7. An order for immediate enforceability of the judgment;

8. 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 family situation, the child’s age and needs, the monthly costs of the child’s upkeep itemised by category, the financial situation of both parents, and the justification for the amount of maintenance sought. Each assertion should be supported by documentary evidence where possible.)

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

Attachments:

• copy of the petition and attachments (for service on the respondent);
• full certified copy of the child’s birth certificate;
• salary certificate or payslips showing the legal representative’s income for the last three months (gross and net);
• receipts and invoices documenting the child’s living costs (rent, food, clothing, medication, extracurricular activities, etc.);
• any other documents referred to in the body of the petition.

What to write in the statement of reasons

The statement of reasons should present a complete picture of the child’s situation and both parents’ circumstances. It is worth describing: the child’s age and current needs; the monthly costs of the child’s upkeep broken down by category; the financial situation of the parent filing the petition; and the respondent’s employment, income, assets, and any existing financial obligations.

Where arrears of maintenance are also claimed, the relevant period should be identified precisely and the reasons why the respondent should cover those arrears should be explained.

What documents to attach

The essential document is a full certified copy of the child’s birth certificate (odpis zupełny aktu urodzenia). To support the claimed amount, the most important evidence is concrete receipts and invoices for expenditure on the child – rent, food, clothing, toiletries, medication, extracurricular activities, transport. Certificates of income for both parents are also very helpful, as is medical documentation where the child has health needs that generate additional costs. The more specific the documentation, the stronger the claimant’s position.

FAQ

Is there a court fee for filing a maintenance petition? No. A petition for child maintenance is entirely exempt from court fees. The claimant pays nothing to file.

From what date is maintenance payable? As a general rule, from the date the petition is filed. It is possible to claim arrears of maintenance for a period before the petition was submitted – the statement of reasons should specify the period and explain why the respondent failed to meet the obligation during that time.

Can I file the petition without a lawyer? Yes. Maintenance proceedings do not require legal representation. The template in this article can serve as a starting point. Where the respondent contests the amount claimed or disputes their own financial situation, legal assistance significantly strengthens the claimant’s position.

What if the respondent is not working or is hiding their income? The court assesses not only actual current income but also the respondent’s earning capacity – what they could earn if they made full use of their qualifications and abilities. Deliberately avoiding employment or concealing income does not extinguish the maintenance obligation. Courts are alert to this and take earning capacity into account when the actual declared income appears implausibly low.

How long does a maintenance case take? Where the claim is uncontested, the case can be concluded at the first hearing. In contested cases – particularly where both parties dispute each other’s income – proceedings typically take several months.

What if the respondent does not pay the maintenance ordered by the court? A maintenance judgment is enforceable through bailiff enforcement proceedings (egzekucja komornicza). An application to the bailiff can be made to enforce the judgment against the respondent’s salary, bank account, or other assets. Persistent non-payment of court-ordered maintenance may also constitute a criminal offence under Article 209 of the Criminal Code (Kodeks karny).

I am a foreign national living in Poland – does Polish law apply to my maintenance claim? Where the child is habitually resident in Poland, Polish courts have jurisdiction over maintenance and Polish law generally applies. EU Regulation No 4/2009 on maintenance obligations governs jurisdiction and applicable law as between EU member states. All documents submitted to a Polish court must be in Polish; documents in other languages require a sworn translation (tłumaczenie przysięgłe). If the respondent lives outside Poland, questions of cross-border enforcement may arise – these depend on whether the country where the respondent lives is an EU member state or party to a relevant bilateral or multilateral convention.

Does the child need a Polish PESEL number to file a claim? The PESEL number is used to identify parties in Polish court proceedings. A child born in Poland or registered as resident in Poland will have a PESEL number. If the child does not yet have one, it is worth registering the child’s residence in Poland before filing, or taking legal advice on how to proceed in the absence of a PESEL number.

Want to file a maintenance claim and not sure where to start? 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