When can an increase in alimony be requested?
You may request an increase in alimony if there has been a change in the circumstances under which the alimony was ordered in a court judgment (divorce decree, alimony judgment, court settlement, mediator agreement or other form).
The extent of maintenance depends on the justified needs of the child and the earning capacity of the obligor.
Circumstances that affect the ability to modify the amount of alimony awarded include:
- increase the child’s needs;
- increase of earning capacity or assets of the obligor.
How do you get the alimony to go up?
In a situation where you want to increase the amount of alimony, you should file a statement of claim with a competent court (either the district court of the place of residence of the person who demands alimony or the district court of the place of residence of the person obliged to pay it – the choice is up to the plaintiff).
The parties to the proceedings are: the person entitled to receive alimony, e.g. a minor child – in that case he/she has to be represented by a legal representative, and the person obliged to pay the alimony (the defendant).
In the case for raising the alimony it is also necessary to indicate the value of the object of the dispute, which is 12 times the amount by which the plaintiff demands an increase in monthly alimony. Example: if the alimony amounts to PLN 300 and the plaintiff demands an increase to PLN 500, i.e. an increase by PLN 200, then: 12×200 PLN = 2400 PLN.
The claim must be substantiated and accompanied by relevant evidence (if you have any).
What to indicate in the statement of claim?
In support of the lawsuit, state what has changed since the last alimony was ordered, among other things:
- What is the current cost of living for the child? What are the child’s needs?
- what is the child’s current state of health?
- how much does each parent earn?
- The obligee’s new job – higher wages, reduced cost of living, won the lottery,
- incapacity of the person supporting the child.
These are only examples that can be given in the statement of reasons. The rationale is to show that the situation has changed and that the plaintiff is entitled to demand higher maintenance. Examples of an increase in the child’s needs may be, for example, commuting to school, studying in another city, additional passions, an illness that requires financial outlay.
It is also important to remember that a case for an increase in alimony is fee-free!
What should be included in a lawsuit?
We attach a copy of the lawsuit (that is, a second copy with attachments for the opposing party) and all the documents we describe in the lawsuit.
What is an order of immediate enforceability?
A judgment which increases the amount of alimony shall be immediately enforceable. This means that the increased alimony may be enforced immediately after the verdict – i.e. the alimony may be enforced immediately as regards instalments payable after the filing of the suit (forward), and as regards instalments payable before the filing of the suit, the alimony may be enforced immediately for a period not exceeding three months (retroactively). The appeal filed by a Party to the proceedings is not relevant in this case.
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