One 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 ensure the participation of the other spouse in the costs of maintaining the family is a claim for security for the costs of maintaining the family for the duration of the trial. An application for security for family maintenance costs may be submitted both in a separate pleading or in the content of the lawsuit itself. The letter should indicate and justify the amount requested and make it probable that the family will bear the costs.
The claim, as emphasized by the case law of both common courts and the Supreme Court (resolution of the Supreme Court of July 13, 2011, III CZP 39/11), is independent in nature, independent of the verdict of the divorce court. For the spouse submitting such an application, this means that even if a lower amount of alimony is awarded in the divorce judgment, the benefit paid on the basis of the decision to grant security is not refundable. Moreover, the autonomous and final nature of the court’s decision means that it constitutes an enforcement title, which becomes an enforcement title after the enforcement clause is issued. This title provides the basis for initiating enforcement proceedings and the possibility of collecting the amounts due. Also, the issuance of a divorce decree does not mean that the security is terminated by operation of law and the inability to enforce the amounts specified in the court’s decision. This is another consequence of the autonomous nature of the claim.