Parent’s support obligations to their adult children after the amendment to the family and guardianship code in 2008 Cover Image

Obowiązek alimentacyjny rodziców względem dziecka pełnoletniego po nowelizacji Kodeksu rodzinnego i opiekuńczego z 2008 roku
Parent’s support obligations to their adult children after the amendment to the family and guardianship code in 2008

Author(s): Ewa Kabza
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: child; maintenance obligation; right to withdraw from the maintenance obligation; post-majority support

Summary/Abstract: The general rule is that parents are obliged to provide maintenance to a child who cannot financially provide for himself or herself, unless the income from the child’s property is sufficient to cover his or her maintenance and upbringing. There is no statutory rule that terminates parental child suport when the child reaches an age of majority. The amendment to the Polish Family Code of 13th June 2009 gave parents of adult children the right to withdraw from the maintenance obligation if its exercise would be linked to excessive loss, or if the child has not made efforts to suport himself or herself, or if the child acts contrary to the principles of community life. The aim of this paper is to analyse: the meaning, the scope of the right to withdraw from the maintenance obligation, the conditions of withdrawal and to formulate some de lege ferenda remarks on the basis of short analysis of the models of post-majority support in the European countries.

  • Issue Year: 2014
  • Issue No: 06 (2)
  • Page Range: 585-609
  • Page Count: 25
  • Language: Polish