Child & Spousal Maintenance in Poznań — Legal Assistance
Maintenance cases are ones where having someone on your side genuinely makes a difference. Not because you cannot act on your own — but because a well-prepared case ends differently from one conducted without legal support. We assist both those seeking maintenance and those defending against claims they consider excessive.
Under Art. 135 § 1 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy, k.r.o.), the court determines maintenance by reference to the reasonable needs of the person entitled and the financial capacity and earning potential of the person liable. In practice, the outcome depends largely on how well both sides of that equation are documented.
Tel.: +48 531 335 713 | kancelaria@prawnikodrozwodu.pl
What Cases Do We Handle?
We act in proceedings to establish maintenance for minor and adult children, to increase or reduce existing maintenance orders, to claim spousal maintenance after divorce, to claim maintenance for parents and siblings, to enforce outstanding arrears, and to obtain interim maintenance before the main proceedings conclude.
Child Maintenance — How It Works in Practice
Both parents are obliged to support their child in proportion to their means — regardless of which parent the child lives with and regardless of the state of their relationship (Art. 133 k.r.o.). At average income levels, courts in Poznań most commonly award between 800 and 1,500 PLN per month per child, though the amount depends on the specific circumstances and can be considerably higher.
The court takes into account not just basic needs — food, clothing, housing — but also extracurricular activities, specialist medical treatment, education and holidays. The better you document these expenditures, the better your chances of a favourable outcome.
The maintenance obligation does not end automatically when a child turns eighteen. If the child continues in education and is making satisfactory progress, both parents typically remain obliged to pay maintenance until the child completes university — usually up to the age of 24–26.
Increasing Maintenance
An increase is possible where circumstances have materially changed — the child’s needs have grown (expensive medical treatment, orthodontics, university, a change of school) or the paying parent’s financial position has improved (Art. 138 k.r.o.). Documentation is key: invoices, receipts, income certificates.
Reducing Maintenance
The paying parent may apply for a reduction where their financial position has deteriorated in a lasting and non-self-induced way — job loss, illness, new family obligations. A temporary setback is usually insufficient. The court also examines whether the paying parent is actively looking for work — a lack of such efforts significantly reduces the chances of a reduction being granted.
Filing an application to reduce maintenance does not suspend the obligation to pay the existing amount. Any reduction takes effect from the date the judgment becomes final — not retrospectively.
Spousal Maintenance After Divorce
A divorced spouse may claim maintenance if they find themselves in genuine financial need (niedostatek) (Art. 60 § 1 k.r.o.). Where the divorce was granted on grounds of the sole fault of the other spouse, maintenance may be awarded indefinitely. Where the divorce itself caused a significant deterioration in the claimant’s financial position, it is payable for five years — though the court may extend this in exceptional circumstances.
The situation is particularly difficult for spouses who spent years stepping back from their careers to raise children and manage the household. Courts in Poznań take this into account — the difficulty of returning to the labour market after a long career break is a genuine argument in favour of maintenance being awarded.
Maintenance for Parents and Siblings
Relatives in the direct line and siblings are mutually obliged to provide maintenance where the person entitled is in genuine financial need (Art. 128 k.r.o.). Where there are several people liable — for example, three adult children in relation to a parent — the obligation is distributed proportionately to their respective financial capacities.
Interim Maintenance — Fast Financial Support
You do not have to wait for the main proceedings to conclude before receiving the first payment. The court may award interim maintenance during the case under Art. 730 of the Code of Civil Procedure (Kodeks postępowania cywilnego, k.p.c.). A professionally prepared application for interim measures can result in payment being received within weeks of filing — which can be critical where the other parent has suddenly stopped providing financial support.
Enforcement of Maintenance Arrears
Maintenance claims become time-barred after three years (Art. 118 of the Civil Code, Kodeks cywilny, k.c.), meaning arrears for that period can still be effectively recovered. Where the person liable is not paying, enforcement options include seizure of salary, bank accounts and personal property by a bailiff (komornik). In serious cases, persistent non-payment of maintenance constitutes a criminal offence carrying a custodial sentence (Art. 209 § 1 of the Penal Code, Kodeks karny, k.k.). We work with experienced bailiff firms in Poznań.
Why Have a Lawyer in a Maintenance Case?
Acting on your own is possible — but the outcome is often worse than it could be. This is not about complex legislation that is hard to find online. It is about what happens in practice.
First, the amount claimed. Clients who come to us after an unsuccessful case often say the same thing: I claimed too little because I did not know what I could include in the child’s needs. Extracurricular activities, orthodontic treatment costs, a proportionate share of the rent, school trips — all of these can be taken into account by the court, but only if they are properly presented and documented. A lawyer knows how to build a schedule of expenditure that the court will take seriously.
Second, the other party’s income. If the paying parent works part-time, runs an unregistered business or channels income through a company, the court can assess their earning potential rather than just their declared earnings. Demonstrating this in court requires specific evidence and knowledge of what courts look for. This is not general knowledge.
Third, interim maintenance. Many people do not know that the first payment can be received within weeks of filing — before the main proceedings conclude. A poorly prepared interim application is dismissed, and the client waits a year or more for the judgment without any financial support in the meantime.
Fourth, settlement. Some maintenance cases are resolved by agreement before they ever reach the courtroom. Well-conducted negotiations can produce a faster and more predictable outcome than months of litigation. But to negotiate effectively, you need to know what you could actually obtain in court — otherwise you cannot tell when the other side’s offer is fair and when it is simply too low.
Maintenance in Poznań — Local Specifics
Poznań has relatively high living costs — something the judges in the city’s family law divisions know well. Rent, private nursery fees, extracurricular activities — these costs are genuinely higher in Poznań than in smaller towns in Greater Poland, and courts factor this in when setting maintenance amounts.
Judges in Poznań’s family divisions expect detailed documentation of the child’s living costs — tabular schedules of expenditure, invoices for the last three to six months, certificates from schools and nurseries. We know what each division expects and how to prepare the documentation accordingly.
Cases From Our Practice
Concealed income of an IT specialist The mother of three children was receiving 500 PLN per month per child, despite the father — a highly qualified software developer — officially declaring earnings at minimum wage level by working part-time. We demonstrated his actual earning potential before the court: his professional profiles, lifestyle, undeclared project income and market rates for a senior developer in the IT sector. The court increased maintenance from 500 to 1,500 PLN per child and ordered ten months of arrears to be paid.
Interim maintenance within weeks A client with two young children came to us after her partner had suddenly moved out and stopped providing any financial support. We filed an application for interim measures, documenting the children’s needs and the father’s income from his business. Within a few weeks the court ordered him to pay 2,000 PLN per month per child — before the main proceedings had even commenced.
Indefinite spousal maintenance A 48-year-old client, after 22 years of marriage and a long career break, found herself following a divorce granted on her husband’s fault with no realistic prospect of finding appropriate employment. We demonstrated her financial situation, her efforts to find work and her former husband’s financial capacity as the owner of a construction business. The court awarded 2,000 PLN per month in indefinite maintenance.
What Documents Do You Need?
The more complete the documentation, the better prepared the case.
Income of both parties: payslips for the last 12 months, tax returns (PIT) for the last two years, bank statements for the last six months, ZUS contribution base certificates (particularly important for civil law contracts and self-employment), employment or service contracts. For those on a pension or disability benefit — a certificate of the amount.
Child’s expenditure: a detailed monthly schedule covering food, clothing and footwear, housing (a proportionate share of rent and utilities), education (school fees, textbooks, stationery), extracurricular activities (invoices or payment confirmations), medical care (appointments, medication, tests), transport and holidays. Invoices for the last three to six months are helpful — not for every item, but for the larger and recurring costs.
Documents relating to the children: birth certificate extracts, school or nursery attendance certificates, a school or student ID card (for adult children), academic transcripts (where a child in higher education is seeking continued maintenance).
Medical documentation — where a child requires specialist care: disability assessments, chronic illness certificates, prescriptions for regularly taken medication, specialist opinions.
Housing documents: the tenancy agreement or title deed, utility and rent invoices for the last few months.
Other evidence: correspondence with the other parent documenting the cessation of financial support (text messages, emails), witness statements, documentation of the paying party’s actual lifestyle where income is being concealed.
If you do not have everything, bring what you have. At the first meeting we will tell you what else is needed.
Preparing for Your First Consultation
The first consultation costs 400 PLN and lasts 60–90 minutes. You do not need to know everything or have a complete set of documents. Come with what you have.
At the meeting we conduct a detailed analysis of the family and financial situation — we discuss the child’s needs, both parents’ incomes, any existing arrangements and the history of financial support. The more information you can provide, the more accurate our assessment will be.
We tell you plainly what you can expect. We give an indication of the likely maintenance amount based on our experience of similar cases in Poznań and our knowledge of local judicial practice. At average net income levels of around 6,000–8,000 PLN, maintenance for one child is typically 1,000–1,500 PLN per month. At higher income levels, proportionately more.
We explain how long proceedings are likely to take. A standard maintenance case in Poznań takes six to twelve months. Cases requiring expert opinions take up to eighteen months. Interim maintenance can be obtained within weeks.
We discuss the overall costs of the proceedings, including representation fees — which depend on the complexity of the case. Payment by instalments is available. The consultation fee is credited towards our overall fee if you decide to proceed.
It helps to bring: proof of identity, birth certificate extracts for the children, available income documents (payslips, tax returns), any existing maintenance orders or agreements, a schedule of expenditure on the child if you have already prepared one, and any correspondence with the other parent that is relevant to the case.
Contact Us
Maintenance is not just documents and court hearings — it is real money that determines your child’s daily life. You do not have to go through this alone.
We handle maintenance cases in Poznań and across Greater Poland — in person and remotely for clients based in other parts of Poland. We assist both those seeking maintenance and those defending against claims they consider unjustified. Every case is different and every case requires an individual approach.
Kancelaria Prawa Rodzinnego 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 | prawnikodrozwodu.pl
Office hours: Monday–Friday, 8:00–16:00 Consultations in person and online. First consultation: 400 PLN.
This page is for general informational purposes only and does not constitute legal advice. Legal information current as of January 2026.