A court judgment or agreement establishing maintenance is only the beginning. Where the person obliged to pay does not do so voluntarily, legal tools are needed to compel them to meet their obligation. Polish law gives the maintenance creditor a range of effective measures – from enforcement proceedings to criminal liability.

The Enforcement Order – Good News

Before enforcement can begin, you need an enforcement title – a judgment or agreement bearing an enforcement clause. In maintenance cases there is a simplification: the court grants the enforcement clause of its own motion and serves the enforcement title on the creditor without any need to make a separate application (Article 1082 of the Code of Civil Procedure). You do not need to apply for it yourself – the document should reach you automatically once the judgment becomes final.

Application to the Enforcement Officer

Once you have the enforcement title, you submit an application to initiate enforcement to a court enforcement officer (komornik). In maintenance cases you have the privilege of choosing the enforcement officer – you may choose the officer competent for the debtor’s place of residence or the officer competent for your own place of residence (Article 1081 § 1 of the Code of Civil Procedure).

In the application you indicate the method of enforcement – the officer may conduct enforcement simultaneously against several components of the debtor’s assets.

Methods of Enforcing Maintenance

Seizure of employment income. The enforcement officer notifies the debtor’s employer of the seizure and orders that part of the salary be paid directly to the creditor. For maintenance, up to three-fifths of the net salary may be seized – a higher threshold than for other debts (Article 1083 § 1 of the Code of Civil Procedure).

Seizure of bank accounts. For maintenance, funds in bank accounts are subject to enforcement in full – with no protected minimum amount (Article 1083 § 2 of the Code of Civil Procedure).

Seizure of pension or disability benefit. The enforcement officer directs the seizure to the Social Insurance Institution (ZUS) or other authority paying the benefit.

Enforcement against a debtor serving a custodial sentence. Where the debtor is serving a custodial sentence, the creditor may submit the enforcement title directly to the prison director, who is required to pay the creditor from the debtor’s prison work earnings or funds held in the prison deposit account (Article 1081 § 3 of the Code of Civil Procedure).

Employment by a close relative. Where the debtor works for a family member, the law does not permit that person to claim that salary was paid in advance, that the debtor works without pay or for below-average pay (Article 1087 of the Code of Civil Procedure). This is an effective tool where income is being concealed through family businesses.

Enforcement against real property. As a last resort – sale of the debtor’s property by way of enforcement auction.

The Enforcement Officer Acts of Their Own Motion

An important rule: the enforcement officer is required of their own motion to conduct an investigation to establish the debtor’s earnings, financial situation and place of residence (Article 1086 § 1 of the Code of Civil Procedure). This investigation is conducted periodically, at intervals of no more than six months. Where those measures prove insufficient, the enforcement officer may request the Police to establish the debtor’s place of residence and employment.

Unsuccessful enforcement does not constitute a basis for discontinuing the proceedings (Article 1086 § 5) – the officer cannot simply close the case because no assets were found.

What to Do Where Enforcement Is Unsuccessful

The maintenance fund. Where enforcement has proved unsuccessful, you may apply for payments from the maintenance fund. The conditions are: possession of an enforcement title, unsuccessful enforcement and a family income not exceeding the statutory threshold. The benefit amounts to up to PLN 1000 per month per child. The application is submitted to the competent municipal or city authority.

Criminal Liability for Failure to Pay Maintenance – Article 209 of the Criminal Code

Evading the maintenance obligation is a criminal offence. Article 209 § 1 of the Criminal Code penalises evasion of a maintenance obligation determined as to its amount by a court order, court settlement or other agreement, where the total arrears amount to at least three periodic payments or where the delay in a non-periodic payment is at least three months.

The penalty is a fine, restriction of liberty or imprisonment of up to one year.

Where the offender exposes the entitled person to the impossibility of meeting their basic living needs – imprisonment of up to two years (Article 209 § 1a).

Who may report the offence. Prosecution of the offence of failure to pay maintenance is initiated at the request of the victim, a social welfare authority or an authority taking action against the maintenance debtor (Article 209 § 2). Where the victim has been granted maintenance fund payments, prosecution proceeds of the court’s own motion – without the need for a request.

Paying the arrears and criminal liability. Article 209 § 4 provides that an offender under § 1 is not liable to punishment where, no later than 30 days from the date of their first interview as a suspect, they paid all maintenance arrears in full. For the offence under § 1a (exposing the entitled person to inability to meet basic needs), the court may waive punishment on the same condition – unless the degree of fault and social harm argue against doing so. The initiation of criminal proceedings frequently motivates the debtor to pay the arrears.

The Debtor Has Left the Country

Leaving the country does not discharge the maintenance obligation. For debtors residing in European Union member states, Council Regulation (EC) No 4/2009 on maintenance obligations applies – it simplifies the enforcement of maintenance across the EU. For debtors outside the EU, the Hague Convention may apply. It is worth consulting a lawyer to establish the appropriate route for international enforcement.

A Practical Checklist When the Debtor Does Not Pay

Once the judgment becomes final, collect the enforcement title – the court serves it of its own motion. Submit an application to the enforcement officer initiating enforcement, indicating any known components of the debtor’s assets. Where enforcement is unsuccessful, submit an application for maintenance fund payments. Consider reporting the criminal offence of failure to pay maintenance. Where the debtor has left the country, consult a lawyer about international enforcement.

Do you need help enforcing a maintenance order? Call: +48 531 335 713 or write to kancelaria@prawnikodrozwodu.pl

This article provides general legal information and does not replace individual legal advice in a specific case. Every family law matter requires analysis of the specific circumstances and documents. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For legal advice tailored to your situation, please contact our law firm.

We invite you to contact the Family Law Practice: Adwokat Michalina Koligot, Adwokat Marta Krzyżanowicz, Adwokat Anna Konrady, Radca prawny Joanna Jędrzejewska ul. Mickiewicza 18a/3, 60-834 Poznań | tel. +48 531 335 713 | kancelaria@prawnikodrozwodu.pl | www.prawnikodrozwodu.pl