One of the categories directly related to the activity of Joanna Jakubowska – Zawady Barrister’s Office is family law, and in particular issues related to maintenance relations. It belongs to the group of relations between biodiversity rights, but as a relationship between biodiversity rights it is closest to a bond relationship. The mandatory nature of a maintenance relationship is also enshrined in existing case law, which indicates that a maintenance obligation arises if the statutory requirements for maintenance are met. This relationship gives rise to a situation in which the entitled person is entitled to claim maintenance, whereas the obliged person is obliged to fulfil the indicated maintenance obligation. It follows that a maintenance obligation is an act intended to satisfy the needs of a person who cannot support herself.
The rights and obligations arising from a maintenance creditor’s entitlement are personal in nature and therefore cannot be transferred, transferred during life or after death. The entitled person is also not entitled to renounce alimony. The creditor should also remember that maintenance claims are time-barred after three years.
Amount of maintenance
When determining the amount of maintenance, the court will take into account two key factors: the legitimate needs of the rightholder and the financial and economic capacity of the obligated entity.
It should be
remembered that a court’s decision on the amount of maintenance obligation is
not of a permanent nature. The decision on the amount of maintenance may be
changed by the court in the event of a change in the material circumstances of
the case. Such circumstances may include, in particular, an increase in the
needs of the person entitled in connection with a
change in his or her state of health or the earning capacity of one of the parties. In such a situation, it will be necessary to initiate further legal proceedings to increase/decrease maintenance or to repeal maintenance.
When deciding to file an action, you should also bear in mind the need to prepare the relevant documents, which will have to be submitted to the competent court. These documents include, in particular, copies of civil-status records and documents which enable the court to prove the legitimacy of the claim, and in the case of maintenance claims for children – the costs of maintaining the child, the amount of expenses related to education, treatment and entertainment should also be presented.
scope of activity of the Joanna Jakubowska – Zawady Barrister’s Office includes
particular the cases of Fr:
- alimony award;
- increase / decrease of alimony;
- the repeal/expiry of the maintenance obligation.
Our team provides legal assistance related to maintenance claims by conducting matters related to maintenance:
- between relatives:
- a parent to a child;
- of a child in relation to its parents;
- grandparents on behalf of their grandson;
- a grandson for my grandparents;
- between siblings:
- between spouses;
- in the course of the marriage;
- after the dissolution / annulment of the marriage;
- during the separation process;
- between an adopter and an adopter;
- intended to cover expenditure relating to pregnancy and childbirth and the cost of three months’ maintenance of the mother of the child.
Cases relating to maintenance claims shall aim to ensure or maintain the well-being of the family, including minors’ children.
Alimony matters are often emotionally difficult. If you decide to cooperate with Joanna Jakubowska Zawada, you will receive comprehensive assistance in maintenance matters in Rzeszów and the surrounding area. The Law Office of Advocate Joanna Jakubowska – Zawady has experience in conducting cases related to maintenance claims, which significantly facilitates the process of proceedings before the court. Additionally, in case of any doubts, our team provides our clients with the possibility of contact via e-mail, telephone conversation or direct meeting with a lawyer.