Let me say before we move on to the subject of today's entry, which is Alimony from abroad and how to enforce it, I will start differently than usual - with an introduction with a short curiosity.
Effective enforcement of alimony in Poland is still a real bane of our legal system. Despite the fact that successive changes are constantly being made in this area, introducing more and more new solutions (such as the Alimony Fund or the so-called immediate alimony, which sounds promising) in order to reduce the percentage of alimony debtors, the statistics speak for themselves. More and more people in Poland are affected by the problem of alimony enforcement. In addition, alimony debts amount to increasingly large sums. According to the latest data the record-holder for alimony evasion has as much as PLN 837 000 to repay!
It would seem that since the collection of alimony in Poland causes so many problems, there is no point in going into international enforcement. But is this really true? Do we have more effective tools at our disposal to fight alimony debtors under EU law?
I think the answer to this question will naturally follow from the following post. In order to discuss it as thoroughly and comprehensively as possible, I will answer the following questions in it:
- When are we dealing with cross-border maintenance?
- What rules apply when the maintenance payer lives in England?
- Is there an effective way to enforce alimony from abroad?
- What is the procedure for collecting cross-border maintenance?
- What documents will you need?
- Why enforce alimony from abroad through Polish courts?
Read also: Immediate maintenance - for whom and how much will it be?
When are we dealing with cross-border maintenance?
Cross-border enforcement of maintenance is referred to when the maintenance payer and the maintenance recipient live in two different countries. In order to initiate proceedings in this case, these states should have a signed international agreement.
In the case of countries belonging to the European Union, there is little problem in finding information on this subject. This is because they are united by Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ EU.L.2009.7.1). On the basis of this normative act citizens of Member States have, inter alia, the possibility to claim maintenance from abroad. In addition, it enables an application to be made for the address of a maintenance debtor residing in EU countries. In that case, the only thing required of the applicant is to provide the country of his/her residence.
What rules apply when the maintenance payer lives in England?
On 31 December 2020, the UK officially left the EU community. As a result, the law arising from EU regulations no longer applies in relations between Poland and the UK, and England is treated as a third country in any relations. In family matters - such as the recovery of maintenance - the legal basis for taking any action in this respect has changed, but they are still possible. However, it should be borne in mind that their efficiency and speed may be significantly lower compared to actions taken within the EU.
Read also: Brexit and family matters.
An effective way to enforce alimony from abroad
If the problem of unpaid alimony also concerns you and you know that the debtor has left Poland - your first step should be to file a application for enforcement of a maintenance decision. However, for this to be possible, the delay in the payment of alimony must be at least 2 months. This application must be submitted to the regional court with jurisdiction over the place of residence of the creditor (the person entitled to maintenance). Once it has been filed, the court should, as a rule, contact you in order to draw up the content of the letter which will be sent on the matter.
Remember!
Enforcement of maintenance can only take place on the basis of a final court decision. This can be a judgment, an order or a settlement. What is important is that the amount that the obligor should pay in alimony is explicitly stated in the letter.
At this point, it is also worth mentioning that you can count on the assistance of the staff of Polish courts when it comes to the case of enforcing alimony from abroad. In particular, if you have a problem with filling in the application or want to know how the whole procedure works. And all this is done to protect the interests of the party entitled to alimony. The court and its staff are obliged to ensure that all documents in the case are collected and are complete.
How much will you pay for an application to enforce a maintenance judgment?
The procedure is completely free of charge. Neither the filing of the application itself to initiate the procedure nor the costs of the subsequent sworn translations are paid out of the applicant's pocket.
Enforcing maintenance already awarded from abroad - what documents need to be prepared?
What documents the court will need from you depends in practice on the institution where you file your application. However, I can tell you from experience that the most common documents you need to have when applying for the enforcement of maintenance from abroad are:
- a copy of the final court decision awarding maintenance,
- a statement of maintenance arrears (stating the date on which it was drawn up and indicating the amounts owed by the debtor and those received),
- a copy of the child's birth certificate (if maintenance is due to the child),
- a certificate of the parent's earnings.
Why enforce alimony from abroad through Polish courts?
- The maintenance creditor is not obliged to indicate the address of the foreign maintenance debtor - it is sufficient to know in which country he or she currently resides.
- The application and the entire cross-border maintenance proceedings are free of charge.
- The applicant does not need to have an attorney in the state where the maintenance obligation is located.
- It is possible to receive support and assistance in the initiation and throughout the proceedings from the Polish courts.
Alimony from abroad - how to effectively enforce it? Summary
As you can see, obtaining alimony from a debtor residing abroad is as possible. The fact that he has left Poland (and the fact that you do not know his foreign address) does not block the way to claim alimony. The applicable European laws and standards have been adapted to this type of situation and appropriate solutions have been prepared for such problems. I hope that this post has helped you to understand the whole procedure and you will be more courageous in taking the appropriate steps to enforce your or your child's rights.
