The efficiency of collecting maintenance in Poland has increased in recent years, however, it is still not fully satisfactory. Due to this, on December 27, 2018, an amendment to some provisions regarding maintenance came into force and aimed at improving the effectiveness of enforcement of maintenance payments.
The new regulations include raising the income criterion entitling to benefits from the alimony fund from PLN 725 to PLN 800.
A big change is also the new wording of the provision of the Act of 20 April 2004 on employment promotion and labor market institutions, which stipulates that when organizing public works, the organizers are obliged to employ the unemployed who are maintenance debtors first. In addition, the Minister competent for labor when allocating the Labor Fund reserve for financing activation measures implemented by poviat and voivodship labor offices is to take into account in particular measures activating the unemployed who are maintenance debtors.
The Labor Code also increased the fine for dishonest employers who employ maintenance debtors in black – from PLN 1,500 to even 45,000 (up to now PLN 1,000 to 30,000). This fine may be awarded if the employer, contrary to the obligation, pays higher remuneration than resulting from the concluded employment contract, without making deductions for satisfying maintenance, to the employee who is the person against whom enforcement is sought. These provisions enter into force on December 1, 2020.
Additionally, solutions have been introduced thanks to which court bailiffs will be able to receive more efficiently from the Social Insurance Institution information on the income obtained by maintenance debtors from December 2020. Bailiffs will receive this information electronically – with monthly updates in the event of changes.
What’s more, enforcement authorities can carry out diets for business trips received by debtors (up to 50% of these diets).