ATTENTION! Text translated automatically from the Polish version.
If the obligated person refuses to pay maintenance, the law provides for many facilitations in obtaining it. However, the amount in which maintenance will be awarded and how quickly largely depends on the behavior of the person entitled to maintenance.
STAGE I – Negotiations, Out-of-Court Settlements
In the case of maintenance, as in any payment case, pre-litigation negotiations are recommended as a general principle. This is because if the debtor commits to something themselves, there is a greater probability that they will fulfill their obligations.
Negotiations can be conducted personally or through a representative. If parents do not wish or are unable to contact each other directly, it is worth seeking the help of a specialist – most often a lawyer (attorney or legal adviser) specializing in family law.
It should be remembered that everything that happens during negotiations may later be used against you – facts disclosed to the other party during negotiations may later be invoked by them during court proceedings.
Settlement
A settlement may take various forms:
- Oral settlement – binding, but difficult to prove before a court.
- Written agreement – a normal contract; in case of breach, its performance can be sought before a court.
- Notarial settlement with submission to enforcement – equivalent to a court ruling; in case of breach, the matter can be sent directly to a bailiff (after granting the notarial deed an enforcement clause).
STAGE II – Court Case
When the obligated party does not wish to pay voluntarily, it is necessary to pursue the matter through the courts. A maintenance case may proceed as part of other proceedings (e.g. a divorce case) or independently. As a general rule, the District Court is competent. A claim for maintenance may be filed before the court in the place of residence of the defendant or the place of residence of the entitled person.
A claim for maintenance on behalf of a minor child may be filed by a legal representative (most often one parent suing the other).
STAGE III – Enforcement by Bailiff
The most important element of enforcement is having an enforcement title, i.e. an enforcement document equipped with an enforcement clause. Courts grant enforcement clauses to maintenance rulings by operation of law and deliver them to the entitled party.
Enforcement proceedings are initiated by operation of law (at the request of the court) or upon application of the creditor submitted to the bailiff competent for the debtor’s or creditor’s place of residence.
The bailiff is required by operation of law to conduct an investigation to establish the debtor’s earnings, financial status, and place of residence. Such investigations are conducted at intervals of no more than 6 months.
If arrears arise for a period longer than 6 months, the bailiff by operation of law files an application to enter the debtor in the register of insolvent debtors.
NOTE: The ineffectiveness of enforcement is not grounds for discontinuation of proceedings.