Coronavirus for more than a year has paralysed the lives and work of many people. Prolonged restrictions on, among other things, doing business and other social realities are impacting on everyone's financial capabilities. However, the legitimate needs of children exist and should not be marginalised. So how might a pandemic affect the dimension of maintenance payments?

The dimension of maintenance - what does it depend on?

Height maintenance payments shall be determined on the basis of the legitimate needs of the beneficiary and the income and assets of the obligor. This arrangement aims to find a certain standard of needs for the child that must be met. This includes everyday living costs, including food, clothing or medical or extracurricular activities. The parent who is obliged to pay maintenance contributes to these expenses. The contribution to child maintenance However, it must be proportionate to earnings and assets. Hence, the amount determined by the parties or the court must be set in such a way as to reconcile these two values.

Modification of maintenance

Of course, the amount agreed once can be changed. Article 138 of the Family and Guardianship Code provides that, in the event of a change in relations, an amendment to the judgment or agreement concerning the maintenance obligation. This regulation is intended to make the monetary amount adequate to the current situation of the parties. As a result of a significant improvement in the obligor's earning capacity, the situation seems obvious - it seems natural to increase the amount allocated for the child. However, when several hundred zlotys are paid for the maintenance of the child, which for the child's situation was already quite average or moderately satisfactory, and the obligor's earning capacity has significantly decreased, a problem may arise.
The situation for many industries is currently deteriorating. The lockdown for some activities can be devastating and public support does not allow all liabilities and costs to be covered. In addition, the freeze on life and social activity means that by spending most of the time at home some expenses are significantly reduced. The Szczytno District Court indicated in its decision that the earning capacity of the maintenance obliged father working in the transport industry, together with the reduced needs of the children, justifies the following reduction in maintenance. Of course, coronavirus will not be a universal factor in every case and the possibility of modifying maintenance should be considered on a case-by-case basis, but a reduction is possible. The slowdown in the resolution of court cases by pandemics may present difficulties in making a reduction of benefit. However, it seems possible to draw up an application for security in which we show that our earning capacity has been significantly reduced. The application shall be considered by the court in closed session.

Favourable changes in the payment of funds by the Maintenance Fund

Persons who do not receive maintenance from the obligor , where enforcement has been unsuccessful, have the possibility to draw funds from the Maintenance Fund. From October 2020, the amount of per capita family income up to which benefit payments can be claimed is PLN 900. Compared to the previous year, this amount has been increased by PLN 100. In addition, a very favourable mechanism has been introduced for families that exceed the PLN 900 threshold. If the income exceeds this amount, the amount of the surplus is deducted from the benefit paid - the so-called "zloty for zloty".

If you have additional questions about maintenance payments and the possibility of reducing them due to coronavirus contact me!

This entry was written with the help of Adam Pelczar, a third-year law student at the University of Wrocław.