The legislator, taking into account the continuing problem with the lack of payment of maintenance obligations and the increasing number of maintenance debtors, decided to tighten the law related to non-payment of maintenance again. On December 1, 2020, the amendment entered into force, exacerbating the consequences of non-alimony.
The new regulations increase the sanctions in order to force a person obliged under a valid court judgment to fulfill their obligations. The most painful consequences include:
I. entering the debtor into the National Economic Register – the provisions of the Act of April 9, 2010 on the provision of economic information and exchange of economic data will change by changing the rules for disclosing information in the register of the economic information bureau about the debts of maintenance debtors towards the State Treasury arising from benefits paid in in the event of ineffectiveness of the enforcement of maintenance payments, as long as these debts are not repaid to the State Treasury.
II. Increasing penalties for employers who pay black remuneration for maintenance debtors – in accordance with the provisions of the Labor Code, an employer who pays a wage higher than that resulting from the concluded employment contract, without making any deductions for payment of maintenance benefits, is subject to, in accordance with punishes a fine from PLN 1,500 to even PLN 45,000. The same penalty applies to an employer who employs such a maintenance debtor without a contract.
The amendment to the regulations by increasing the sanctions for maintenance debtors is to help in the enforcement of claims against the State Treasury, which pays benefits in place of debtors. The legislator expects that high penalties for employers will discourage them from hiring illegally.