Biznes Fakty
The Ministry of Justice has published a child support table. The Ministry is considering changes.
The Ministry of Justice has created a so-called maintenance table, which will be distributed to all appellate courts nationwide. This resource is intended to assist judges in making decisions regarding maintenance cases and is anticipated to help reduce the duration of proceedings. According to Radio Zet, in light of a wave of criticism, the Ministry is contemplating revisions to the maintenance table.
The Ministry clarified that the table is not a legal source and does not constrain the statutory discretion of the court – the authority to grant alimony and determine its amount remains solely with the court in each instance. The table will be sent to the presidents of all appellate courts.
MS revealed the alimony table
The amounts listed in the table represent the estimated monthly expenses required to satisfy the basic needs of the entitled individual, which include: food, housing, education, cultural activities, healthcare, hygiene, transportation, communication, and other reasonable costs.
„The child support table will provide significant assistance to judges in determining the amount of child support – it will aid in situational evaluations and enhance the predictability of rulings. Additionally, it will not hinder judicial independence – a personalized approach to each case will still be feasible, considering its particularities and exceptional situations,” stated Justice Minister Adam Bodnar, as reported in the ministry’s press release.
„The table will also serve as an essential tool”
The objective of this tool is to enhance conditions for both parents and children by aiding them in achieving a fair agreement without necessitating court intervention.
„The table will also be a vital resource for the parties involved in the proceedings – it will improve transparency, facilitate mediation, and assist in reaching an agreement without the need for court proceedings. For parents, this translates to greater predictability and less conflict related to determining child support, while for children, it ensures quicker access to necessary financial support,” stressed Deputy Minister Zuzanna Rudzińska-Bluszcz.
The Ministry indicated that the introduction of the child support table responds to long-standing calls from judicial, parenting, and non-governmental organizations. Its aim is to streamline the work of judges, mediators, and involved parties by establishing typical child support ranges, reducing the duration of child support cases, facilitating mediation-based resolutions, increasing transparency, and standardizing calculation principles and methods, thereby bolstering trust in family law.
What does the child support table comprise?
The child support table includes standard monthly benefit amounts, determined based on three primary factors: the income of the individual obliged to pay child support, the age of the child, and the number of children for whom the individual is responsible for child support.
The Ministry of Justice noted that the adopted system operates on a progressive model – the amount of child support increases with the obligor’s income and the child’s age. The baseline is referred to as the base amount, set at 70% of the child’s subsistence minimum for 2024, as defined by the Institute of Labor and Social Affairs (IPiSS).
This serves as the foundation for calculating benefit amounts segmented into five age categories for children: 0–7 years, 8–11 years, 12–15 years, 16–18 years, and over 18. Subsequently, the amounts increase by 12.5% for each older age category of the child, 10% for every PLN 800 increase in income (up to PLN 8,300), and above that – 15% for each PLN 800 of additional income.
In cases with multiple children, the benefit per child is proportionally reduced (up to a maximum of 85 percent for three or more children), but only slightly, since the needs of the children remain constant regardless of the number of siblings.
Individually assessed and without retroactive implications
The Ministry stressed that the table does not strip family court judges of the ability to customize child support payments according to the specific needs of a child and the financial situation of the parent . The Ministry emphasized that every case is evaluated independently. The court can adjust child support payments upward or downward, considering the parent’s individual contributions to raising a child, such as daily care, educational support, or medical appointments.
The table pertains to a so-called model situation, where the child resides with one parent and maintains regular contact with the other (e.g., on weekends).
The Ministry highlighted that the table does not influence previously established child support. However, it may serve as a reference in cases seeking a modification of the child support amount, provided there has been a significant change in circumstances. The mere publication of the table does not constitute such a basis.
The maintenance table will be updated annually, following the release
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