Alimony for a child living in Poland

Adjudication on maintenance is always carried out in a family court, which is located in a region inhabited by a child. in the case when the child is a minor (not over 18) during the trial, he / she has a representative (usually one of the parents or legal guardian of the child). On the other hand, an adult child (at the age of 18) may apply for it alone. Filing a lawsuit is free and to start the procedure, you must file a claim with the district court in the family department and minors with the required attachments (including: birth certificate, expense tables, bills), then you are expected to set the date of the next hearing. The application can be submitted in person at the delivery office or sent by registered mail. The person submitting the lawsuit should indicate the parent’s residence address known abroad. The defendant who has received a lawsuit may take an active part in the trial, that is, take part in hearings or submit evidence. In the case when the party receiving a claim takes passive participation in the case, in no way engages in the whole process, the court may issue a default judgment adjudging maintenance and charging it with the costs of the entire proceedings. In the case when the child does not know the whereabouts of the parent abroad, he may submit a petition to appoint a guardian for the person who will represent him during the entire proceedings. In order to receive alimony from a parent living abroad, it is necessary to obtain a valid sentence in Poland. When such a sentence is passed, the procedure is taken to enforce them at the request of the person entitled to the maintenance. The application regarding the enforcement of child support abroad is directed to the District Court in its place of residence, enclosing the necessary documents. The method of execution depends on the country in which the maintenance debtor lives. If it is a state belonging to the European Union, this is done by means of Council Regulation (EC). In the situation when the debtor lives in the area outside the European Union, the New York Convention on the recovery of maintenance claims abroad is applied. In the case when the parent does not pay maintenance and the case goes to the bailiff, he can take him up to 60 percent of the salary regardless of its amount. If the execution of the bailiff is ineffective and the debtor is in possession of any assets that can be bidden, one should apply for a maintenance fund (only children whose income per person in the family does not exceed 725 zlotys net per month). The fund is entitled to a child up to the age of 18 (up to 25 if he or she continues education). When the child is disabled, alimony is granted for an unlimited period. An application for alimony from the Fund can be made after two months of bailiffs’ fight, which has no effect. The application should be accompanied by, among other things: a certificate from the tax office on incomes in the year preceding the benefit period, declares bailiffs about the pointlessness of proceeding and a copy of the alimony award.