In society, maintenance obligations are frequently associated with parents who financially support their children. However, Polish law besides provides for the other situation – erstwhile children gotta pay kid support to parents. erstwhile does specified an work arise, and what are its principles? See what the rules say.
According to Article 128 Code of household and Care, the maintenance work is to supply means of subsistence and, where necessary, means of rearing eligible persons. In the case of parents, this means that children may be required to supply financial support if their parents are incapable to meet their basic needs on their own.
Who has to pay alimony to their parents?
Article 129 of the household and Care Code points out that the maintenance work burdens relatives in a consecutive line – that is, primarily children. If the parent is in poorness (he cannot support himself), he may request financial assistance from his offspring.
When can a parent request kid support?
According to Article 133(2) of the Code of household and Carea parent may apply for kid support if:
- does not have adequate livelihoods,
- is aged and cannot work,
- He's sick and incapable to support himself.
An example is simply a pensioner whose income is besides low to cover the costs of treatment and regular subsistence.
Order of dependants
If the kid is incapable to cover the cost of surviving the parents, the work may fall on further relatives. Article 132 KRIO provides that in the event of a child’s inability to comply with alimony, the parent may request support from the siblings or another relatives thereafter.
What depends on the amount of alimony?
The amount of alimony shall be determined individually, taking into account:
- needs of the parent (costs of housing, medicines, food),
- the financial possibilities of the child (income, responsibilities to your family).
The court shall examine the situation of both parties so that the judgement is fair.
Summary
The maintenance work towards parents is an crucial legal mechanics that protects the interests of the aged and the needy. If the parent is incapable to support himself, he may request support from the children. However, it is worth remembering that each case is considered individually, so in case of uncertainty it is worth consulting a lawyer specialising in household law.
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
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