Alimentare means “to eat”. Childbirth is the primary responsibility of each parent and usually happens in accordance with the duration of the relationship or marriage. What to do, however, if it comes to parting and one of the parents goes abroad and the child stays in Poland?
The best solution is to agree between the parents what amount they transfer for the needs of the child. You can make an appointment that is an amount equal to each parent, although in practice the child gets more of the one with whom it remains. But what happens if one of the parents leaves and does not agree to keep the child? Then, the court remains, which examines not only the actual earnings of the parent, but also his earning potential and can rule on alimony in the amount of up to 60 percent of earnings if the child’s needs justify it. It is usually the parent with whom the child stays, in order to be able to pay maintenance in a certain amount, unless the court has ruled on alternating care. But what if it is difficult to get the alimony from a former partner or partner? The bailiff remains, to whom the court’s judgment should be forwarded and as much information as possible about the debtor and arrears, if any. If the parent owes alimony to work in Poland, the bailiff will have no problem downloading them. However, if the parent went abroad, cooperation of the Polish justice system and the country in which the debtor stays will be necessary. If it is an EU country and a parent works after obtaining relevant documents, including a child’s birth certificate, there should be no problem with the enforcement of child support, because it is enough to submit an application for declaration of enforceability of a Polish court judgment in the case to the court of the country in which the debtor resides. The application shall be accompanied by a copy of the Polish court’s judgment and a special certificate issued by the court for the purpose of execution from abroad. It is important to set the debtor’s address beforehand, because the application to initiate the procedure is submitted to the court of the place of residence of the parent who is staying outside of Poland and the court there informs him of the proceedings. All documents must be translated by a sworn translator and usually the maintenance of maintenance claims involves costs, although you can ask the court for exemption from incurring them.
What happens, however, if the parent left outside the European Union? Here the matter is simpler and more complicated. Because although the so-called The New York Convention, which talks about the rules of claiming maintenance abroad, is also legally binding bilateral agreements between Poland and other countries, because the convention does not apply everywhere in the world. By way of bilateral agreements, other countries, in a sense, protect the interests of their citizens against, for example, excessive maintenance claims on the part of Poles. If, however, the relevant contract is in force then there is a chance to recover maintenance, although not always on the terms that the Polish side would expect. It is worth finding out which countries Poland has signed bilateral agreements or on reciprocity, as it is in the case of the US or Canada. Claims are mediated by a Polish court. The most complicated situation is in the case of Australia, with which Poland does not have a bilateral agreement. In practice, the enforcement of maintenance claims from a parent who went to this country and obtained citizenship there is impossible.