Issues related to alimony are regulated in the Civil Code. The maintenance obligation will burden the relatives in a straight line. The most common case is the alimony obligation towards children. The need to pay maintenance for children exists until the child can not stand alone. The age of the child is irrelevant in this case. If the child after the age of eighteen continues education, the parent is obliged to pay maintenance.
In the Polish state, in most cases after the divorce of the parents, or after the end of the partnership, the children stay with their mother. The father is responsible for maintenance. It does not matter whether the relationship between two people was legalized or not.
Alimony is awarded by the district court to which the alimony claim was filed. If the child is 18 years old, he or she submits the claim itself, otherwise the mother represents the child in court as his legal representative and lodges a lawsuit on his behalf – however, it should be remembered that in the claim as a plaintiff, we indicate the child for whom alimony is to be awarded. The petition should be filed with the court of the defendant’s domicile (the father from whom we want to enforce the alimony) or the child. According to the provisions of the Civil Code, it is possible to choose a court.
The claim for the award of maintenance must indicate the plaintiff (the child for whom alimony is to be awarded), the defendant (father) and their addresses of residence. The claim should indicate the amount of maintenance required – it is important that the sum of annual benefits is given. If we demand maintenance in the amount of PLN 1,000.00 a month, the value of the maintenance required should be specified as 12,000.00 PLN (1,000.00 PLN multiplied by 12 months). The claim should include a request for granting the sentence immediate enforceability, thanks to which, despite the lack of legal force, the maintenance creditor may demand the amount of the amount awarded. An important element of a lawsuit to award maintenance is justification. The justification should describe the financial situation of the parent caring for the child as well as the parent from whom maintenance is sought. Please indicate the expenses for the child’s maintenance. The suit should be accompanied by documents confirming the actual state, ie bills, receipts, invoices, a certificate of earnings. You can ask for witnesses to be heard in the case. The claim should be signed with your own signature. In addition, the child’s birth certificate, a copy of the court order or separation or, if the child comes from a partnership, a declaration of recognition or a copy of the paternity order, should additionally be provided as attachments.
The court adjudicates at the court hearing on the evidence collected, which takes into account the child’s needs and the financial situation and the earning capacity of the obligee, that is the father.
If the father, despite the adjudicated maintenance, evades paying them, the child or his legal representative may apply to the bailiff for the execution of maintenance. Enforcement takes place from the property of the maintenance debtor.