How to enforce child maintenance against a parent living abroad – a guide to the international procedure

This is one of the questions parents ask most often – and with good reason. When a maintenance debtor moves abroad, many creditors assume that their chances of recovering the money shrink almost to nothing. In fact, the law provides specific tools for action – though the way maintenance is enforced depends on the country where the debtor is living.

Table of contents

1. Where to start – what you need before filing an application
2. Enforcing maintenance in European Union member states
3. Enforcing maintenance in the United States and other countries covered by the New York Convention
4. What if the debtor is in a country not covered by any convention?
5. The role of the Polish central authority
6. Practical guidance
7. FAQ

Where to start – what you need before filing an application

Before taking steps to claim maintenance from a parent abroad, you need to have several basic elements in place. First and foremost – a final Polish court judgment establishing the maintenance obligation. Without an enforcement title from a Polish family court, it is not possible to initiate a foreign enforcement procedure. The maintenance obligation is established by the family court for the district in which the child is habitually resident.

You also need to know the debtor’s current address abroad. This is a condition that in practice can be difficult to satisfy – particularly where the debtor is deliberately concealing their whereabouts. Without an address, initiating enforcement proceedings is as a general rule not possible.

Enforcing maintenance in European Union member states

Where the debtor is living in one of the EU member states, the applicable instrument is 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.

This Regulation significantly simplifies enforcement. A Polish maintenance judgment is recognised and enforceable in other EU member states – as a general rule without the need for separate proceedings to declare it enforceable (exequatur). This means that a Polish court judgment can be sent directly for enforcement in the country where the debtor is living.

The application for enforcement is submitted through the Polish central authority – the Ministry of Justice, Department of International Cooperation and European Law – which forwards the case to the competent authority in the member state where the debtor resides.

Enforcing maintenance in the United States and other countries covered by the New York Convention

Where the debtor is outside the European Union – for example in the United States – a different procedure applies. The relevant instrument is the New York Convention on the Recovery Abroad of Maintenance of 20 June 1956, to which both Poland and the United States are parties, along with many other countries.

In this case, the application for maintenance recovery abroad is also submitted through the Polish central authority (the Ministry of Justice), which forwards it to the appropriate transmitting agency in the country where the debtor resides. The procedure is more complex than the EU route and typically takes longer – sworn translations of documents are usually required.

What if the debtor is in a country not covered by any convention?

The situation becomes considerably more complicated where the debtor is in a state that is not party to any convention governing the enforcement of maintenance. In such circumstances the options are limited – the only route is through the courts of that state under its own domestic law, which requires knowledge of local legal rules and often the appointment of a lawyer abroad.

This is one of the main reasons why it is worth seeking legal advice before taking any steps in such a situation.

The role of the Polish central authority

Regardless of whether the enforcement is sought in the EU or beyond, the Ministry of Justice acts as Poland’s central authority and plays a key role in the process. All applications are channelled through the Ministry – both outward (where a Polish creditor is seeking maintenance abroad) and inward (where a foreign creditor is seeking maintenance in Poland).

The Ministry of Justice provides application forms and information about the documents required for specific countries. These materials are a useful starting point – though every case has its own specifics and requires individual assessment.

Practical guidance

Before filing an application, make sure you have a final Polish maintenance judgment – if you do not yet have one, that is where to begin. Gather as much accurate information as possible about the debtor’s current address and place of work abroad. Be prepared for the possibility that documents will need to be translated – depending on the country, sworn translations may be required.

Bear in mind that the diversity of legal systems and conventions means the process can look very different depending on the country. Taking legal advice before submitting an application helps avoid costly procedural errors and can considerably speed up the entire procedure.

FAQ

Are Polish maintenance orders enforced abroad? Yes – in EU member states under Regulation 4/2009, and in many other countries (including the United States) under the New York Convention of 1956. The key prerequisite is a final Polish maintenance judgment.

Do I need to know the debtor’s address abroad? As a general rule, yes – without the debtor’s address, initiating enforcement proceedings is significantly more difficult or impossible. Steps to establish the address through appropriate channels are worth taking.

Can I file the application myself or do I need a lawyer? You can file the application yourself through the Ministry of Justice. However, given the complexity of international procedures and the varying requirements from country to country, legal assistance significantly increases the effectiveness of the process and speeds it up.

How long does international maintenance enforcement take? The duration depends on the country and the efficiency of its authorities. Enforcement within the EU is generally faster than in countries outside the Union. International procedures typically take longer than domestic ones.

What if the debtor returns to Poland? Where the debtor returns to Poland, domestic enforcement can be initiated through a court enforcement officer (komornik) on the basis of the existing enforcement title. This is the most effective route for recovering maintenance arrears.

I am a foreign national living in Poland and the other parent lives abroad – what are my options? The rules described in this article apply regardless of the parties’ nationality. What matters is where the child is habitually resident and where the debtor is located. If the child lives in Poland and the debtor is abroad, the Polish central authority mechanism is available to you. If you obtained a maintenance order in another country, that order may be enforceable in Poland under the relevant EU Regulation or convention. Legal advice on the specific cross-border situation is strongly recommended.

What if the debtor has assets in multiple countries? In principle, enforcement can be pursued in each country where the debtor has assets, subject to the applicable rules in each jurisdiction. Coordinating parallel enforcement actions in multiple countries is complex and generally requires specialist legal assistance in each relevant state.

The maintenance debtor has moved abroad and you are not sure how to recover the money? Call: +48 531 335 713 or email: kancelaria@prawnikodrozwodu.pl

This article is for general informational purposes only and does not constitute legal advice. Every family law case is individual and requires analysis of the specific facts and documents involved. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For advice tailored to your situation, please contact our office.

Kancelaria Prawa Rodzinnego (Family Law Office): 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