👨👩👧 Family RightsChild Support & Maintenance Obligations in Poland — Know Your Rights
A plain-language guide to child support and maintenance obligations in Poland. Learn who pays, how much, and how to enforce your rights.
Last verified: April 2026
In Poland, every child has a legal right to financial support from both parents, regardless of whether those parents are married, divorced, or were never in a relationship. Child maintenance (alimenty) is governed primarily by the Polish Family and Guardianship Code, and courts take these obligations very seriously. Understanding your rights — whether you are the parent seeking support or the one being asked to pay — is essential to protecting your child's wellbeing.
⚖️ Your Key Rights
- ✓Every child in Poland has the right to receive financial maintenance (alimenty) from both parents, proportionate to the child's reasonable needs and each parent's financial capacity.
- ✓The parent who does not live with the child is typically required to pay a regular monthly maintenance amount, which can be set by a court order or a mutual agreement registered with a notary.
- ✓You have the right to apply to a Polish court to establish, increase, or reduce the maintenance amount at any time if circumstances change significantly — for example, if the child's needs or a parent's income changes.
- ✓A child is entitled to maintenance beyond the age of 18 if they are still in full-time education and cannot support themselves financially.
- ✓If the paying parent fails to pay maintenance, the receiving parent has the right to enforce payment through a court bailiff (komornik), who can seize wages, bank accounts, or other assets.
- ✓Parents who are unable to obtain maintenance from the other parent may be entitled to payments from the Alimentary Fund (Fundusz Alimentacyjny), subject to income thresholds and eligibility criteria.
- ✓Both parents have the right to request a DNA test or other evidence in paternity disputes, which directly affect maintenance obligations.
📋 Common Situations Explained
Divorce or Separation with Minor Children
When parents divorce or separate, the court typically includes a maintenance order for the children as part of the divorce decree. The amount is based on the child's documented needs (food, education, healthcare, activities) and the financial means of the paying parent. If parents agree on an amount, they can present this agreement to the court for approval.
Unmarried Parents Who Separate
Children born outside marriage have exactly the same right to maintenance as children of married parents. The parent with primary custody can file a separate maintenance claim at the family court (sąd rodzinny) without needing a divorce proceeding. Paternity must be legally established first if the father has not acknowledged the child.
The Paying Parent Refuses or Fails to Pay
If a parent with a court-ordered maintenance obligation stops paying, the receiving parent can apply to a court bailiff to enforce the debt. Non-payment of maintenance is also a criminal offence under Article 209 of the Polish Penal Code; persistent refusal to pay can result in a fine or imprisonment. The debt accumulates with statutory interest.
Adult Child Still in Education
Maintenance does not automatically end at age 18 in Poland. If the adult child is attending school or university full-time and cannot support themselves, the obligation continues. However, if the child is capable of working and chooses not to study, the paying parent may apply to court to terminate the obligation.
Applying to the Alimentary Fund (Fundusz Alimentacyjny)
If the paying parent is evading payment and enforcement has been ineffective, the custodial parent may apply to the local social welfare office (ośrodek pomocy społecznej or centrum usług społecznych) for payments from the Alimentary Fund. Eligibility depends on the family's net income per person (the threshold is reviewed periodically), and the fund will then pursue the debt from the non-paying parent.
🚀 What To Do
- 1Gather documentation of your child's monthly expenses (school fees, medical costs, food, clothing, activities) and any evidence of the other parent's income, to support your maintenance claim.
- 2Attempt to reach a voluntary written agreement with the other parent on the maintenance amount; if agreed, have it formalized before a notary or included in court proceedings to make it legally enforceable.
- 3If no agreement is reached, file a maintenance claim (pozew o alimenty) at the family division of the District Court (Wydział Rodzinny Sądu Rejonowego) in the district where your child lives — the filing fee is waived for maintenance claims.
- 4Attend the court hearing and present evidence of the child's needs and the other parent's financial situation; the court may also order provisional maintenance (alimenty tymczasowe) while the case is ongoing.
- 5If the court issues a maintenance order and the other parent does not pay, apply to a court bailiff (komornik) with a copy of the enforceable court order to begin enforcement proceedings.
- 6If enforcement fails because the other parent has no traceable income or assets, apply to your local social welfare office for payments from the Alimentary Fund, providing proof of failed enforcement.
👨⚖️ When to Get a Lawyer
You should consult a family law attorney (adwokat or radca prawny) if the other parent contests the maintenance claim, if there is a dispute over paternity, if the amounts involved are significant, or if the paying parent is hiding income or assets. Legal aid (pomoc prawna) may be available free of charge if your income is below the statutory threshold.
🔗 Official Resources
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