Should a military father pay more alimony if his daughter studies in Poland: the court put an end to the dispute

The Sumy Appellate Court upheld the decision to collect 4,500 UAH in monthly alimony from the father in favor of his adult daughter who studies full-time at a Polish university. The daughter requested an increase to 17,111 UAH, citing expenses for tuition and housing rent in Poland, but the court concluded that the set amount corresponds both to her needs and the father's actual capabilities.

The appellate instance emphasized that when determining alimony for adult children who continue their education, the court must consider not only the student's needs but also the financial situation of both parents, the presence of other dependents, the health condition of the alimony payer, and his real ability to provide financial support.

Circumstances of the case

The plaintiff, the adult daughter of the defendant, studies full-time at WBS MERITO University in Poznań. The education is paid and will last until June 2030. She also rents housing in Poland and claimed that due to full-time study, she cannot work and support herself. Therefore, she applied to the court to collect alimony from her father in the amount of 17,111 UAH per month until she finishes her studies or reaches 23 years of age.

The court of first instance partially satisfied the claim and awarded 4,500 UAH monthly. The plaintiff appealed this decision, considering the amount insufficient. In her opinion, the court effectively placed a significantly larger share of the costs of education and living on the mother, although both parents should participate in supporting the child.

What the court considered

During the case review, the court established that the father is a serviceman and receives monetary allowance. At the same time, his income varies significantly depending on the month. Additionally, he is in a new marriage, has two minor daughters, and suffers from illnesses related to military service, for which he has repeatedly undergone treatment.

The court also took into account that the plaintiff's mother in 2025 had income significantly higher than the father's and has no other dependents.

The panel of judges noted that the law imposes the obligation to support an adult child who continues education on both parents. Therefore, when determining the amount of alimony, it is necessary to assess not only the capabilities of one parent but also the participation of the other parent in financing the child's education and living expenses.

Legal position of the appellate court

The court reminded that according to Article 199 of the Family Code, parents are obliged to support adult children who continue their education and need financial assistance until they reach 23 years of age, provided the parents have the ability to provide such assistance.

The appellate court noted that for such an obligation to arise, several conditions must be met: the child must be older than 18 but younger than 23, continue education, require financial assistance due to education, and the parents must have the ability to provide it.

The panel also referred to the Supreme Court's practice, according to which when determining the amount of alimony, expenses for education, housing, textbooks, and travel to the place of study may be taken into account. At the same time, these expenses are not the sole criterion — the court must assess the financial situation of the parents and other significant circumstances of the case.

Why the court refused to increase alimony

The appellate court agreed with the local court's conclusion that the case materials do not confirm the father's ability to pay alimony in the requested amount of 17,111 UAH per month. The court noted that the plaintiff did not provide sufficient evidence indicating the defendant's financial capacity.

In the judges' opinion, alimony in the amount of 4,500 UAH monthly, considering the obligation of both parents to participate in supporting the child, provides an adequate level of financial support for the plaintiff during her studies and at the same time corresponds to the father's capabilities, who also supports two minor daughters.

The court separately rejected arguments regarding reimbursement of legal assistance costs. The claim was only partially satisfied — by 26.3% of the claimed amount, so compensation for attorney fees was subject to proportional recovery according to the satisfied part of the claim. For these reasons, the court awarded 1,315 UAH out of the claimed 5,000 UAH for legal assistance costs.

Court decision

The Sumy Appellate Court dismissed the appeal and left the decision of the Zarichnyi District Court of Sumy unchanged. Thus, the father will continue to pay the daughter 4,500 UAH in alimony monthly from October 28, 2025, until the completion of her studies on June 30, 2030, but no longer than until she reaches 23 years of age. The ruling in case 591/12243/25 took legal effect from the day of its adoption and is not subject to cassation appeal.

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