The obligation to pay alimony is unconditional and almost always refers to the provision made by the parent to the child. However, the court in Olsztyn passed a judgment regarding alimony for a parent who demanded monthly payments from his son.
However, the court found that the father not only did not meet the conditions of poverty, but also had not previously supported his son financially or educationally. As a result, the courts of both instances dismissed his claim, finding that the demand for alimony was contrary to the principles of social coexistence. The judgment is final.
The website Praw.pl reports on the unusual situation, providing details of an exciting case that took place before two court instances. An elderly parent demanded that his own son support him with alimony.
Alimony for a parent. The father sued his son for PLN 500 per month
As Prawa.pl explains, the senior who made the claim against the child received a monthly pension of only PLN 400. According to the plaintiff, this amount was not even enough to cover the entire costs of staying in a social welfare home. Therefore, the pensioner wanted the court to accept his application and award alimony to the parent.
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A man who has made demands on his own child receives – as Prawa.pl explains – a small pension, but its amount results from his previous life decisions. Moreover, the court pointed out that since he could afford cigarettes, he could not be said to be in need.
The man demanded money from his son. The court surprised him
The father filed an appeal, claiming that the first-instance court incorrectly assessed the situation and should award him alimony. However, the appellate court did not agree with these arguments, finding the appeal groundless.
The court found that the father not only did not meet the conditions of poverty, but also had not previously supported his son financially or educationally. As a result, the courts of two instances dismissed his claim. The judges found that demanding alimony for a parent was contrary to the principles of social coexistence.
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As Prawa.pl additionally explains, the son who is sued for alimony is in a difficult financial situation and supports his mother. The court emphasized that the father did not contribute to the upbringing of his son, which was crucial for resolving the case. The final judgment was issued by the District Court in Olsztyn.
