text translated automatically from the Polish version
[Legal status as at January 2019]
This study is a collection of basic information in the field of law regarding the recovery of child support payments for children abroad and in Poland. You will find here basic information about the concept of maintenance, their amount, ways of their investigation and many other interesting information.
STAGE I negotiations, out-of-court settlements
In the case of maintenance, as in any case for payment, it is recommended in principle to conduct preliminary negotiations. This is due to the fact that usually if the debtor obliges himself / herself to something, he is more likely to fulfill his obligations.
STAGE II a court case
If by way of amicable dispute resolution methods, i.e. negotiations or an out-of-court settlement, the debtor does not undertake to pay maintenance, it will be necessary to take legal action and obtain a ruling (judgment / order awarding maintenance) imposing a maintenance obligation on the debtor.
STAGE III - enforcement of alimonies abroad
If the negotiations turn out to be ineffective (or not at all), then you have to enter the way of enforced execution (ideally after obtaining a judgment in Poland). The law provides for numerous facilities in the enforcement of alimony not only in Poland but also abroad. The most important here are:
- CONVENTION on recovery of maintenance claims abroad made in New York on June 20, 1956. (applies if the obligated person is staying in the territory of one of the states that are a party to the Convention (while not being a member of the European Union)).
- COUNCIL REGULATION (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (applies when an obligated person is staying in the territory of an EU Member State) .
- REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (as from 10 January 2015, replaced the existing Council Regulation (EC) ) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters), the text of the regulation: http://eur-lex.europa.eu
- PROTOCOL OF HASKY 2007, or rather PROTOCOL on the law applicable to maintenance obligations of December 16, 2009, text of the protocol: http://eur-lex.europa.eu
- BY COUNCIL DECISION of November 30, 2009 on the conclusion, by the European Community, of the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations, the text of the decision: http://eur-lex.europa.eu
- BILATERAL CONTRACTS between Poland and a third country (not belonging to the European Union) with which the agreement on the recognition of mutual decisions has been concluded. Poland has bilateral agreements with the following countries: Algeria, Belarus, China, Iraq, Bosnia and Herzegovina, Montenegro, Macedonia, Serbia, the Democratic People's Republic of Korea, Cuba, Morocco, Mongolia, Russia, Syria, Tunisia, Turkey, Ukraine, Vietnam, Libya and Egypt.
The recovery of child support outside the EU under the New York Convention of 20 June 1956.
Execution of maintenance on the basis of the convention takes place when the person obliged to pay maintenance stays on the territory of one of the states that are a party to the Convention (at the same time being not a member of the European Union).
Child support maintenance in the EU under Council Regulation (EC) 4/2009.
In order to comply with the alimony ruling in another Member State of the European Union, the mode from Council Regulation (EC) 4/2009 should be applied.
Execution of maintenance on the basis of a bilateral agreement
In countries with which Poland has concluded a bilateral agreement to obtain alimony, you can use the provisions of a bilateral agreement.
Execution of child support in the USA and Canada
Execution of child support in the US and Canada is subject to special rules