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Waiver of the maintenance obligation

The amount of the maintenance obligation depends on a number of factors. In particular, it depends on the documented maintenance costs of the recipient and on the earning capacity of the obliged person. The fact that the recipient has reached the age of 18 does not mean that the obligation ceases. The client approached us in connection with enforcement proceedings initiated by his 21-year-old son on the basis of a judgment awarding maintenance issued in 2015. After analysing the case, we initiated court proceedings to terminate the maintenance obligation. The defendant presented some evidence indicating that he was still unable to support himself. Thanks to our actions, the court did not believe the defendant and ruled that our client's maintenance obligation had ceased. The bailiff enforcement was suspended at our request as soon as the lawsuit was filed, thanks to which our client avoided unpleasant financial consequences within a short period of time after reporting to the law firm. In addition, due to the fact that the court proceeded for more than 6 months, it was possible to obtain compensation from the State Treasury in the amount of PLN 2,500.

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