Poles massively evade this obligation. The punishment may even be imprisonment

Eksperci przypominają, że niepłacenie alimentów jest przestępstwem

Hundreds of thousands of Poles do not fulfill their obligation to pay alimony. Not everyone realizes that the legal consequences of such behavior can be really serious.

In 2023, the number of alimony debtors in Poland increased to nearly 290,000. and increased by almost 29 thousand compared to the previous year. The average alimony debt was PLN 49.4 thousand. PLN, and in total “alimony holders” were in arrears of PLN 14.3 billion.

The amount of alimony is determined by a court decision. This happens at the request of one of the parents or legal guardians of the child. There may be separate maintenance proceedings or it may be part of divorce proceedings if the child’s parents are/were married.

Maintenance. What height?

The amount of alimony depends on the needs of the child and the financial situation of the person who is legally obliged to pay. The higher the income, the higher the alimony will most likely be awarded. For example, in the case of an unemployed person, it may be PLN 600 per child. In turn, in the case of a person earning PLN 20,000 PLN, the court will award a much higher amount, e.g. PLN 3,000. zloty.

Unpaid child support. Consequences

Failure to pay alimony can have really serious consequences. Here are some examples of the most common ones. If the parent obliged to pay alimony stops doing so, the entitled person (usually the parent taking care of the child) may apply to the bailiff to initiate enforcement. In such a situation, the bailiff:

  • seizes remuneration for work, retirement, pension or other income of the person obliged to pay alimony,

  • seizes the debtor’s bank accounts,

  • conducts an auction of the debtor’s property if other measures fail,

  • may block access to some benefits.

In the event of long-term evasion of alimony payments, administrative restrictions may be applied, such as:

  • suspension of the debtor’s driving license. The bailiff may request the starosta to suspend the driving license of a person who has not paid alimony for a period longer than 6 months.

  • entry in the register of debtors. Maintenance debtors may be entered in the register of the Economic Information Bureau (BIG), which makes it difficult for them to obtain credits, loans, or even sign a contract with a telecommunications operator.

The Polish Penal Code (Article 209) also provides for criminal liability for persistent evasion of the maintenance obligation. These consequences include:

  • A fine, restriction of liberty or imprisonment for up to one year. A prison sentence may be imposed if the debtor is in arrears with payments for at least 3 months.

  • If failure to pay alimony causes the person entitled to alimony (usually a child) to be unable to meet basic living needs, the prison sentence may be increased to 2 years.

  • If the debtor voluntarily settles alimony arrears within 30 days of receiving the payment request, he or she may avoid criminal liability.

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