Polish courts determine child support based on a parent’s potential earnings using their profession, not just their current income.
Why Courts Don’t Just Look at Parent’s Tax Returns
Some fathers are surprised in court that instead of analyzing tax returns and financial situation, courts consider education, experience, and then value their earning potential. The result? Alimony is based not on what the father has in his account, but on what the court believes he *should* earn using his skills.
Where a Child’s Needs End and Extravagance Begins
The court’s concept of “justified needs” doesn’t mean funding every child’s whim. Alimony serves to cover needs directly or indirectly related to maintenance and upbringing, not luxuries. The Provincial Administrative Court (WSA) in Lublinie noted that “justified needs” cannot be rigidly defined; their scope is fluid and depends on the child’s individual situation like age, health, or family living standard.
Earning Potential Matters More Than Actual Income
In family law, “earning potential” differs from current income. This means resources a parent can and should obtain with due diligence, according to their mental and physical capabilities. If a father is an experienced programmer with over 10-15 years in IT, the court may deem he could successfully earn 20,000 PLN gross, regardless of his current company showing a temporary loss or being in an investment phase.
How a Judge Assesses a Father’s Financial Situation
To prepare for court, it’s not enough to bring an accounting certificate. One must prove the financial situation reflects market realities, not avoidance of obligations. Providing documentation showing business context, like job offers with salary brackets, helps the judge verify current market rates in the profession.
The Principle of Equal Standard of Living
A child has a right to an equal standard of living with both parents. The court aims to ensure separation doesn’t significantly worsen the child’s standard. If a father reports losses but maintains a high lifestyle (new car, trips), the court will quickly assess his “earning potential” unfavorably.
