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- Termination of adoption and the principles of social coexistenceAccording to the judgment of the Supreme Court of 12 December 1979 (IV CR 446/79), efforts to reconcile the legal status with the true origin of the adoptee from his or her natural parents deserve the court’s acceptance, especially since the interest of the adopter may be secured by awarding an appropriate annuity or issuing… Dowiedz się więcej: Termination of adoption and the principles of social coexistence
- When can you expect the cancellation of child support debt?Many child support debtors wonder if there is a way to have their debt to the Alimony Fund canceled. The latest ruling of the Voivodeship Administrative Court in Gdańsk from March 19, 2025 (II SA/Gd 1219/24) clarifies what conditions must be met. The court emphasized that the mere fact of low income is not something… Dowiedz się więcej: When can you expect the cancellation of child support debt?
- The principle of equal standard of livingAccording to the current position of case law (in which one of the main decisions was the Resolution of the Supreme Court of 16 December 1987 issued in case III CZP 91/86), children entitled to maintenance „have the right to an equal standard of living with their parents, regardless of whether they live together or… Dowiedz się więcej: The principle of equal standard of living
- No alimony for great-grandparents from heirsAccording to Article 938 of the Civil Code, only thetestator’s witnesses, if they are in poverty and cannot receive the means of maintenance due to them from persons who have a statutory maintenance obligation towards them, may demand from the heir who is not burdened with such an obligation the means of maintenance in relation… Dowiedz się więcej: No alimony for great-grandparents from heirs
- When there is no maintenance after the termination of adoptionAccording to the Supreme Court judgment of October 12, 1977 (II CR 390/77) the impossibility of the adoptive parents to have an educational impact on the adolescent adoptive person, her involvement in a criminal environment, prostitution and contracting a venereal disease, alcohol abuse, theft, demoralization of peers in the educational facility, running away from home… Dowiedz się więcej: When there is no maintenance after the termination of adoption
- 1956 Convention on the Recovery of Maintenance ClaimsIn accordance with the judgment of the Provincial Administrative Court in Kraków of 25 September 2024 (III SA/Kr 583/24) regarding the provisions of the Convention on the Recovery of Maintenance Claims Abroad, drawn up in New York on 20 June 1956 (Journal of Laws of 1961, No. 17, item 87), the application of the entitled… Dowiedz się więcej: 1956 Convention on the Recovery of Maintenance Claims
- Increase in maintenance fund benefitsThe draft act (Print No. 800 of November 6, 2024) assumes an increase in the maximum amount of maintenance fund benefits by 100%, i.e. by PLN 500 per month to PLN 1,000 per month. The justification for the draft states that under the current legal status, maintenance fund benefits are due in the amount of… Dowiedz się więcej: Increase in maintenance fund benefits
- Prohibition of waiving alimonyThe principle of prohibition of waiving alimony was already recognized in the case law between the wars. According to the Supreme Court ruling of 17 August 1933 (C.I. 529/33), the obligation of spouses to provide each other with support and assistance and to feed, maintain and raise their children is based on the right to… Dowiedz się więcej: Prohibition of waiving alimony
- Does a foreign judgment in maintenance cases constitute an enforcement title in the Polish legal system?According to art. 115314 point 5, enforcement titles in the Republic of Poland are: judgments in maintenance cases issued in the Member States of the European Union that are parties to the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations (OJ EU L 331 of 16.12.2009, p. 17) and settlements… Dowiedz się więcej: Does a foreign judgment in maintenance cases constitute an enforcement title in the Polish legal system?
- Can you go to prison for unpaid alimony?The answer to this question may be somewhat surprising. Polish law, under the provisions of the Family and Guardianship Code, imposes alimony obligations in certain cases (which have already been described in detail on this page). The problem of non-payment of alimony is, unfortunately, a clearly noticeable phenomenon. This clearly negative phenomenon was also noticed… Dowiedz się więcej: Can you go to prison for unpaid alimony?
- Res iudicata for the crime of non-payment of alimonyIn its judgment of 17 April 2024 (II KK 115/24), the Supreme Court stated that in the case of multiple crimes, which include the offense under Article 209 § 1 of the Criminal Code, there is no res judicata if the previous final conviction concerns only a fragment of the act charged later. Evading the… Dowiedz się więcej: Res iudicata for the crime of non-payment of alimony
- Jurisdiction of the court in alimony caseThe court with jurisdiction in alimony cases is always the district court, even if the value of the subject matter of the dispute exceeds PLN 100,000. The value of the subject matter of the dispute in alimony cases is the annual value of alimony. Therefore, even if their annual value exceeds PLN 100,000 (i.e. PLN… Dowiedz się więcej: Jurisdiction of the court in alimony case
- Upper limit of maintenance payments.The District Court in Sieradz, in its judgment of December 18, 2019 (I Ca 494/19), reminded that the upper limit of alimony benefits is the earning and financial capabilities of the obligor, even if all the justified needs of the person entitled to alimony are not covered within these limits.
- Charging family members with fees for staying in a social welfare homePursuant to Art. 61 of the Social Welfare Act, the persons obliged to pay a fee for staying in a social welfare home are in the following order: – however, the persons and the commune specified in points 2 and 3 are not obliged to pay fees if the resident of the house pays the… Dowiedz się więcej: Charging family members with fees for staying in a social welfare home
- The legal nature of securing family maintenance costs during the trialOne of the obligations imposed on spouses is specified in Art. 27 of the Family and Guardianship Code, participation in the costs of maintaining the family. During divorce proceedings, which often last for a longer period, it is necessary to ensure that the spouses continue to participate in maintaining the family. The institution used to… Dowiedz się więcej: The legal nature of securing family maintenance costs during the trial
- Where to file a claim for alimonyA suit for alimony may be filed either according to general jurisdiction, i.e. to the court competent for the place of residence of the defendant, or to the court competent for the place of residence of the entitled person (Article 32 of the Code of Civil Procedure) Pursuant to the resolution of the Supreme Court… Dowiedz się więcej: Where to file a claim for alimony
- Placing money in a court deposit, Art. 883 § 2 of the Code of Civil ProcedureEnforcement proceedings regulated by the provisions of the Code of Civil Procedure include several institutions that enable the debtor to protect against further enforcement. One of them is provided for in Art. 883 § 2 of the Code of Civil Procedure, the possibility of discontinuing enforcement proceedings by paying all due payments and depositing an… Dowiedz się więcej: Placing money in a court deposit, Art. 883 § 2 of the Code of Civil Procedure
- Enforcement of alimony in Poland on the basis of an enforcement order from another EU countryBased on Article. 115314 of the Code of Civil Procedure, enforceable titles in the Republic of Poland are judgments in maintenance matters issued in the Member States of the European Union that are parties to the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations (OJ EU L 331 of 16/12/2009,… Dowiedz się więcej: Enforcement of alimony in Poland on the basis of an enforcement order from another EU country
- Offense of non-maintenance – scope of sentencingThe Supreme Court, in its judgment of October 27, 2023 (V KK 236/23Wyrok), stated that in the case of multiple (or collective) crimes, which include the offense under Art. 209 § 1 of the Penal Code, there is no state of res judicata if the previous final conviction concerns only a fragment of the later… Dowiedz się więcej: Offense of non-maintenance – scope of sentencing
- Maintenance obligation and exemption from fees for staying in a social welfare homeThe maintenance obligation arising from the content of Art. 128 of the Family and Guardianship Code may be implemented in various ways. The person entitled to it is not always obliged to be able to take care of it on their own. The entitled person may, for example, be an elderly and sick person who… Dowiedz się więcej: Maintenance obligation and exemption from fees for staying in a social welfare home
- MAINTENANCE INTERVIEWIf, in the event of ineffective enforcement, the commune head, mayor or president of the city having jurisdiction over the place of residence of the entitled person – the creditor – requests to take action against the alimony debtor, the debtor’s competent authority conducts an alimony interview. The purpose of such activities is to determine… Dowiedz się więcej: MAINTENANCE INTERVIEW
- Exemption from the fee for staying in a social welfare homeOn May 31, 2022, the Provincial Administrative Court in Wrocław issued a judgment on the exemption of the descendant from the fee for staying in a social welfare home. The key legal act regulating the above matter is the Act of 12 March 2004 on social assistance (i.e. Journal of Laws of 2023, item 901,… Dowiedz się więcej: Exemption from the fee for staying in a social welfare home
- What does not affect the amount of child support?The basic source of the maintenance obligation in Polish family law is Art. 128 of the Family and Guardianship Code. It provides that the obligation to provide means of subsistence, and, if necessary, also means of upbringing (maintenance obligation) is imposed on relatives in a straight line and siblings. There is no standard in Polish… Dowiedz się więcej: What does not affect the amount of child support?
- Cassation appeal in the case of alimony recourseThe judgment of the Supreme Court of August 18, 2020 in the case with reference number II CSK 12/20 was issued as a result of a cassation appeal by the defendant, the child’s father, against the judgment of the court of second instance. The claimant, the child’s mother, bore the maintenance burden in relation to… Dowiedz się więcej: Cassation appeal in the case of alimony recourse
- What is the Maintenance Fund?The Maintenance Fund is a separate mass of funds intended for a specific purpose, which in this case refers to securing the payment of maintenance whose payers turned out to be insolvent or evaded payment. The history of the Fund dates back to the 1970s, when in 1974 the Alimony Fund Act was passed. The… Dowiedz się więcej: What is the Maintenance Fund?
- Securing a maintenance claim under the Code of Civil ProcedureOne of the institutions provided for under civil procedure is the securing of a claim (property or non-property), which may be applied for by any party or participant in the proceedings after the claim and legal interest in securing are substantiated (Article 730 (1) CCP). The general provision constituting the basis for the initiation of… Dowiedz się więcej: Securing a maintenance claim under the Code of Civil Procedure
- Guidelines on the interpretation of law and court practice in maintenance cases (Article 5 of the Civil Code)Despite the passage of almost 36 years, it is worth recalling the guidelines on the interpretation of law and court practice in maintenance cases contained in the resolution of the full composition of the Civil and Administrative Chamber of the Supreme Court of December 16, 1987. According to the Supreme Court, in the event of… Dowiedz się więcej: Guidelines on the interpretation of law and court practice in maintenance cases (Article 5 of the Civil Code)
- Child support costsIn a dispute over alimony for a minor child, parents face the challenge of determining the child’s maintenance costs as precisely as possible. Undoubtedly, the final amount of the maintenance pension is determined taking into account the property and earning potential of the obligated party and the justified needs of the entitled person. Nevertheless, it… Dowiedz się więcej: Child support costs
- Law applicable to maintenance obligationsThe law applicable to maintenance obligations is determined by 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 (Official Journal EU L 7 of 10.01. 2009, p. 1). The main goals of alimony are not limited to justifying… Dowiedz się więcej: Law applicable to maintenance obligations
- Law Applicable to AlimonyMaintenance obligations with a cross-border element necessitate the determination of the applicable law. Among the key legal acts in the field of law applicable to maintenance, the following should be mentioned: In connection with the above, it should be noted that Poland is a party to bilateral agreements which, apart from other substantive and procedural… Dowiedz się więcej: Law Applicable to Alimony
news:
- Termination of adoption and the principles of social coexistence
- When can you expect the cancellation of child support debt?
- The principle of equal standard of living
- No alimony for great-grandparents from heirs
- When there is no maintenance after the termination of adoption
- 1956 Convention on the Recovery of Maintenance Claims
- Increase in maintenance fund benefits
- Prohibition of waiving alimony
- Does a foreign judgment in maintenance cases constitute an enforcement title in the Polish legal system?
- Can you go to prison for unpaid alimony?
- Res iudicata for the crime of non-payment of alimony
- Jurisdiction of the court in alimony case
- Upper limit of maintenance payments.
- Charging family members with fees for staying in a social welfare home
- The legal nature of securing family maintenance costs during the trial
- Where to file a claim for alimony
- Placing money in a court deposit, Art. 883 § 2 of the Code of Civil Procedure
- Enforcement of alimony in Poland on the basis of an enforcement order from another EU country
- Offense of non-maintenance – scope of sentencing
- Maintenance obligation and exemption from fees for staying in a social welfare home
- MAINTENANCE INTERVIEW
- Exemption from the fee for staying in a social welfare home
- What does not affect the amount of child support?
- Cassation appeal in the case of alimony recourse
- What is the Maintenance Fund?
- Securing a maintenance claim under the Code of Civil Procedure
- Guidelines on the interpretation of law and court practice in maintenance cases (Article 5 of the Civil Code)
- Child support costs
- Law applicable to maintenance obligations
- Law Applicable to Alimony
- Failure to fulfill the maintenance obligation
- Enforcement of child support payments from Germany
- „Order in the maintenance obligation”
- The maintenance obligation of siblings
- Scarcity. The maintenance obligation of the spouse and the gifted relative.
- Loss of annuity collateral
- Loan installments do not release you from alimony
- The maintenance obligation and the payer’s earning potential
- Recourse claims between maintenance obligations
- Sale of property to cover child support.
- Cohabitation and alimony
- Debt of the accused for non-alimony
- Changing the amount of maintenance before the divorce decree becomes final
- Offense of non-alimony – changes in regulations
- The difference between a donation and alimony in tax law
- Tightening up the rules for maintenance debtors
- Limitation of maintenance – in a situation where the obligated person has parental authority and when it does not exist
- Invalid donation contrary to the principles of social coexistence
- Costs of maintenance proceedings
- Is the court obliged to decide on maintenance in a divorce decree?
- The influence of the ex-spouse’s cohabitation on the amount of maintenance
- Consequences of the reduction of earning capacity by the maintenance obligation for the scope of the maintenance obligation
- An enforcement clause in a maintenance case
- The right of the parent of a minor aggrieved party to exercise his / her rights in proceedings against the other parent
- Ordering child support in a divorce case
- Extending the obligation to support a single mother
- Decision to recognize the maintenance debtor as being avoiding maintenance obligations
- Can the maintenance claim be the subject of a transfer?
- Can I take my driving license for non-maintenance payments?
- Pension for a child entitled to maintenance
- Fine imposed on employer for concealing employees’ income
- Amendment of provisions on the collection of maintenance
- I ACa 828/17, Scope of a reverse claim for maintenance. – Judgment of the Gdańsk Court of Appeal
- Receipt as proof of child expenses
- Maintenance obligation for adult children
- Enforcement of maintenance payments
- Maintenance agreement
- How long is the child dependent on the parents?
- The concept of scarcity