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 extraordinary and is not sufficient for debt cancellation. Cancellation of child support debt is only possible when the family and income situation distinguishes the debtor from other child support debtors. The court explicitly excludes situations where the current financial state of the debtor is the result of their own negligence or failure to fulfill obligations.
The court rightly points out that child support debts are not „ordinary” financial obligations-they concern the basic needs of children and should not be canceled lightly. The requirement for an individual, thorough analysis of each debtor’s situation is a step in the right direction-it allows for distinguishing those truly in need from those who would simply like to „escape” responsibility.