Should the Alimonies on Children be Always Paid in Money?

It goes without saying that maintenance obligation towards the children constitute a vital duty of the parents. This norm is fixed in article 133 of the Polish Family and Guardianship Code. As a rule, both spouses try to maintain financially their children life on the mutually agreed conditions.

However, in times of quarrels and discrepancies between the spouses the issue of the children support becomes especially controversial. The problem might be even more serious, if the level of the parents’ income is totally different. In these circumstances the question arises: does the money transfer constitute the only form of the alimony payment? Сan a father or a mother fulfil the alimony obligations not by transferring a certain sum of money to his or her children, but by maintaining a common family house (including rent costs, utility payments).

Alimonies in the Form of Common House Maintenance

The answer to the questions posed above we know from our professional experience. We had a client whose wife took the common children to live with her in her mother’s house claiming from her husband the monthly transfer of a fixed sum of money for their children maintenance. The problem was that the wife’s demands were extremely high and were hardly based on the real needs of the children. In turn, our client insisted on fulfilling his alimony obligation by living together with his family and covering all the costs connected with their place of residence (rent costs, bills for electricity and water etc.). We claimed that such a position is in the best interests of the children and the family as a whole from both financial and psychological standpoints. The districts court agreed with our view.
Thus, one might deduce that in Poland the alimonies on children can be paid not only in the form of money transfer, but also in the form of common house maintenance. This conclusion might of a big help for the parents giving them a certain room for manoeuvre in times of discrepancies in the family. Nevertheless, each alimony case has its peculiar details that vary depending on circumstances of a particular situation. Hence, we advise you to consult a lawyer in order to develop the most effective position in the court proceedings.