Maintenance proceedings currently take several, and sometimes several, months. The solution to this problem can be immediate maintenancewhich are primarily intended to support children. I probably don't need to explain to you that for many parents, alimony is an important support that makes a significant contribution not only to the family budget, but also to meeting the basic needs of the child. There is a chance that the introduction of immediate alimony - despite numerous previous announcements - will finally become a reality. Although this solution has not yet officially entered into force, in today's post I will take the liberty to explain its most important aspects from the perspective of both the beneficiary and the obliged party.
You will learn from reading this article:
- What will the amount of immediate maintenance depend on?
- Who will be able to apply for them?
- When immediate maintenance will they come into force?
- What other solutions are there to help protect the family and empower the most vulnerable?
I respond below.
Immediate maintenance - what should it consist of?
By design, o immediate maintenance will be available to apply for any child who is entitled under the law to this benefit. The bill does not include any new additional requirements.
The overriding aim of the introduction of immediate maintenance is the swift and effective award of child maintenance in a matter of days in prescriptive maintenance proceedings. As I mentioned in the introduction, at present maintenance cases take months, which has a negative impact on the welfare of children in particular. It is not uncommon for parents in a difficult financial situation to have to exercise a great deal of patience in order to obtain a final decision from the court on the child's entitlement.
Immediate alimony are intended to be characterised by a maximum simplification of the formalities involved in obtaining them. This is to be manifested first and foremost by the possibility of filing a claim for immediate alimony on a simple form, available on the Internet. In addition, there will be no need to attach additional evidence to such a letter. A copy of the child's birth certificate will suffice.
Importantly, immediate maintenance will not exclude the existing route of seeking higher maintenance. They will be an alternative of sorts that will allow the child's needs to be secured quickly.
Attention!
The draft amendment to the Family and Guardianship Code stipulates that immediate alimony will, as a rule, be due to a child until he or she reaches the age of 25. An exception may be made for children with a disability certificate.
Amount of immediate maintenance
There are many indications that the amount of immediate maintenance will be calculated on the basis of the minimum wage and the number of children in the family. This therefore means that their amount will depend on the minimum wage, which has been increasing every year recently.
Many changes as part of the revision of family law - what innovations does the legislator foresee besides immediate alimony?
The draft amendment to the Family and Guardianship Code is not only a immediate maintenance. The proposed changes will also include, inter alia, the introduction of so-called family information proceedings into the Polish legal order. This solution will be applied in divorce and separation cases of spouses who have minor children. These proceedings are intended to enable a conflict-free resolution of the most important issues during separation, such as the exercise of parental authority, contacts or child support. I have written about this procedure and its potential advantages in this article: Mediation before divorce.
Immediate maintenance - for whom and how much will it be? Summary
The main aim of introducing immediate maintenance is to improve the situation of children and to speed up the procedure for obtaining maintenance itself. Above all, the aim is to support single parents who will be able to obtain the money easily and quickly. It is assumed that this will be possible even within a dozen days. The application for immediate maintenance is to have a simplified form and thus be easy to fill in and publicly available on the Internet.
In addition to immediate alimony, a number of other solutions, such as mediation before divorce or increased protection of children from violence, are also expected to have an impact on the comfort of families. In conclusion, however, it should be noted that these solutions are only at the planning and consultation stage. Which of them will actually enter into force so that we can benefit from them?
We will still have to wait for an answer. I will, of course, keep you informed of all relevant legal developments.
