If, 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 the family, income and professional situation of the alimony debtor, his health, as well as the reasons for not contributing to the maintenance of the entitled person. As indicated by the Provincial Administrative Court in Poznań in its judgment of January 31, 2019, the so-called „actions against the alimony debtor” are primarily aimed at restoring the expected state of affairs in a situation where there is a „failure to provide for the maintenance of the entitled person”” (Judgment of the Provincial Administrative Court in Poznań of January 31, 2019, II SA/Po 1062/18, LEX no. 2705604).
The essential part of the alimony interview is receiving a declaration of assets from the debtor, during which the financial situation of the debtor is determined, such as real estate, movable property and other resources owned. Explanations are provided under penalty of criminal liability for submitting false testimony. The case law emphasizes that the alimony interview must take place with the participation of the authority. The debtor is only the person who gives the interview, so he cannot submit it himself. The Provincial Administrative Court in Gliwice reminds us of this in its ruling in the case no. no. IV SA/Gl 1016/17 (Judgment of the Provincial Administrative Court in Gliwice of July 26, 2018, IV SA/Gl 1016/17, LEX no. 2537174.). Maintenance interview referred to in Art. 4 of the Act of September 7, 2007 on assistance to persons entitled to alimony, is carried out on the basis of a questionnaire, the template of which is specified in the Regulation of the Minister of Labor and Social Policy of March 23, 2011 (Journal of Laws No. 73, item 395). The above-mentioned legal act also established a template for the declaration of assets of the alimony debtor.
A negative condition for taking the discussed actions is the situation where the head of the social welfare center has a family environmental interview regarding the debtor, carried out on the basis of the provisions of the Act of March 12, 2004 on social welfare (consolidated text: Journal of Laws of 2023, item 901, as amended). d.). If such an interview was conducted and is not older than three months, then the competent authority of the debtor applies for its issuance.