- Business in Poland -
Child support in Poland – how to calculate, claim and increase it?
Child support is a payment intended to cover the justified needs of the entitled person, most often a child, while also reflecting the earning capacity and financial resources of the person obliged to pay it [1]. Child support in Poland is not a punishment for a parent and it is not automatically calculated as a fixed percentage of salary. It is a legal mechanism designed to provide a child with the means necessary for maintenance and upbringing.
In family law cases, evidence, consistent argumentation and proper calculation of costs are essential. This applies both to a claim for child support and to cases concerning an increase in child support, a reduction of child support or enforcement of payments. Support in this area falls within family law, but it often also requires litigation experience.
Child support in Poland - legal basis
The maintenance obligation is based primarily on Articles 128, 133 and 135 of the Polish Family and Guardianship Code [1]. Parents are obliged to provide maintenance for a child who is not yet able to support themselves independently, unless income from the child's own assets is sufficient to cover the costs of their maintenance and upbringing. In the case of a minor child, this obligation is particularly strong.
The amount of child support depends on two elements:
- the child's justified needs,
- the earning capacity and financial resources of the parent obliged to pay child support.
This is not limited only to the income actually earned. The court may examine how much the parent could realistically earn, taking into account their qualifications, experience, health and the labour market situation. Voluntarily reducing professional activity will not always result in lower child support.
How much is child support and how is it calculated?
The question "how much child support?" has no single statutory answer. In Poland, there is no official child support table. Also, child support in 2026, under the current legal framework, has no statutory minimum and no automatic formula based on the minimum wage.
In practice, calculating child support starts with the child's budget. Monthly and periodic costs should be collected and then assessed to determine what part should be borne by each parent. Personal involvement in care is also relevant. A parent who lives with the child on a daily basis often fulfils part of the maintenance obligation through everyday care and by organising the child's medical treatment, education and daily life.
Justified costs may include in particular:
- food, housing, utilities and hygiene products,
- clothing, footwear, school supplies and textbooks,
- medical treatment, rehabilitation, medicines, therapy, glasses and orthodontic braces,
- extracurricular activities, tutoring, sports and culture,
- holidays, winter breaks, travel and costs related to family contact,
- part of the costs of childcare, including a nursery, kindergarten or nanny.
The amount of child support should correspond to a reasonable standard of living for the child, not merely biological minimum needs. At the same time, the court examines whether the costs are real, documented and appropriate to the child's age, health and previous standard of living.
How to claim child support in court?
A child support claim is filed with the district court. The claim may be brought before the court competent for the place of residence of the entitled person, meaning the child [2]. In practice, this makes it easier for the parent providing day-to-day care to conduct the case.
The statement of claim should indicate:
- the amount of child support requested,
- the date from which child support should be paid,
- the justification for the child's needs,
- information about the income, assets and earning capacity of the other parent,
- evidence requests, including receipts, invoices, bank transfer confirmations, medical records, and certificates from the school or kindergarten.
A person claiming child support is exempt from court fees in this respect [3]. In urgent cases, it is possible to file an application for interim child support. The court may then award a temporary amount payable for the duration of the proceedings, before the judgment is issued [2].
If the case is disputed, experience in conducting evidentiary proceedings may be useful. Formally, child support cases belong to family matters, but pursuing them often resembles classic court disputes: documents, credibility of testimony, precise calculations and verification of the other party's claims all matter.
Increasing child support - when is it possible?
An increase in child support is possible if there has been a change of circumstances, as referred to in Article 138 of the Polish Family and Guardianship Code [1]. The change may concern both the child's needs and the situation of the parent obliged to pay child support.
The most common grounds for increasing child support include:
- an increase in the child's maintenance costs as the child grows older,
- starting school, university studies or expensive extracurricular activities,
- illness, disability, therapy or rehabilitation,
- an increase in the prices of services, food, housing and education,
- an improvement in the financial or professional situation of the obliged parent,
- a reduction in the parent's personal involvement in caring for the child.
Mere dissatisfaction with a previous judgment is not enough. A specific change after the date of the earlier ruling or settlement must be shown. Evidence may include receipts, contracts, medical certificates, school documents, payment confirmations and information about the other parent's earnings.
Child support in 2026 - what may be important in practice?
In cases conducted in 2026, the current costs of maintaining the child, the parents' professional situation and up-to-date financial documents will be important. Referring to old prices or expenses from several years ago is not enough. The court assesses the situation at the time of adjudication, not only the circumstances existing when the parents separated.
In child support cases in 2026, it is worth preparing a cost summary for the last few months. Fixed costs are particularly useful because they show the child's real budget. One-off costs, such as sports equipment, a computer, medical treatment or a holiday trip, may also be relevant, but they must be properly described.
Three exceptions that should be checked
- An adult child - a parent may avoid paying maintenance if child support would involve excessive hardship or if the child does not make efforts to support themselves independently [1].
- Deliberate deterioration of the obliged person's situation - the court may disregard a change if, without a valid reason, the obliged person gave up employment, a property right or otherwise caused its loss, or changed employment to a less profitable one during the last three years before the child support claim was brought before the court [1].
- Interim child support - even before issuing a judgment, the court may award a temporary payment if the claim is made sufficiently plausible [2].
Enforcement of child support and liability for non-payment
If child support has been awarded and the obliged person does not pay, the case may be referred to a bailiff for enforcement. The basis is an enforcement title, most often a judgment, a court settlement or a settlement concluded before a mediator and approved by the court, provided with an enforcement clause. In child support cases, the court grants the enforcement clause ex officio [2].
In certain cases, failure to pay child support may also lead to criminal liability under Article 209 of the Polish Criminal Code. This applies where the obliged person evades performance of the maintenance obligation and the arrears amount to at least three periodic payments, or where the delay in a non-periodic payment is at least three months [4]. Assessment of criminal liability always depends on the specific facts of the case.
This material is for informational purposes only and does not constitute legal advice. In cases concerning child support, an increase in child support or enforcement of payments, decisions should be based on an analysis of documents, and support may be provided by the Kopeć & Zaborowski law firm through the KKZ website.
FAQ - Child support in Poland
Does only one parent always pay child support?
No. Both parents are obliged to support the child. In practice, one parent may pay a specific amount, while the other fulfils part of the obligation through daily care and by covering ongoing costs.
Is there a minimum amount of child support?
There is no statutory minimum amount of child support. The court determines child support individually, taking into account the child's needs and the earning capacity and financial resources of the parent.
Does the 800 plus benefit affect the amount of child support?
No. The child benefit does not affect the scope of the parent's maintenance obligation. Child support is assessed under the provisions of the Polish Family and Guardianship Code and according to the child's specific situation.
From when can an increase in child support be requested?
An increase may be requested after a significant change of circumstances, for example an increase in the child's maintenance costs or an improvement in the obliged person's situation. The date should be indicated in the statement of claim and justified with evidence.
Does unemployment release a parent from paying child support?
Unemployment alone does not automatically release a parent from the maintenance obligation. The court examines earning capacity, qualifications, health and the real possibility of taking up employment.
Can child support be obtained for the duration of the proceedings?
Yes. An application for interim child support may be filed. If the court grants it, the obliged person will pay a specified amount before the judgment is issued.
Author: adw. Maciej Zaborowski, Managing Partner
E-mail: m.zaborowski@kkz.com.pl
Bibliography
- Act of 25 February 1964 - Family and Guardianship Code, in particular Articles 128, 133, 135, 136 and 138.
- Act of 17 November 1964 - Code of Civil Procedure, in particular Article 32, Article 730 et seq., Article 753, Article 776, Article 777 and Article 1082.
- Act of 28 July 2005 on Court Costs in Civil Cases, in particular Article 96 section 1 item 2.
- Act of 6 June 1997 - Criminal Code, in particular Article 209.
