How to file a claim for child maintenance in Poland – documents, procedure and what to do when the debtor does not pay

Child maintenance is a right that belongs to the child by operation of law – regardless of whether the parents were ever married. Where one parent fails to meet their obligation to support the child voluntarily, the courts provide the remedy. A maintenance petition is exempt from court fees, and the procedure – while requiring preparation – is accessible to everyone.

Table of contents

1. Which court handles a maintenance claim?
2. What documents must be attached to the petition?
3. What determines the amount of maintenance?
4. What to do when the debtor evades payment
5. The maintenance fund – when can it be used?
6. FAQ

Which court handles a maintenance claim?

A maintenance petition is filed with the family and juvenile division of the district court (sąd rejonowy, wydział rodzinny i nieletnich). The claimant has a choice: the petition may be filed either with the court for the claimant’s own place of residence or with the court for the respondent’s place of residence. In maintenance cases, it is the claimant who decides which court will hear the case – an unusually favourable rule.

A maintenance petition is exempt from court fees. A parent bringing a claim on behalf of a child pays nothing when filing the petition.

What documents must be attached to the petition?

A complete and well-documented petition is the foundation of effective proceedings. The following should be attached: a short-form certified copy of the child’s birth certificate; and, where the parents were married, a certified copy of the marriage certificate and a certified copy of the divorce judgment or separation order (where applicable).

The financial circumstances of both parties must also be documented. From the claimant’s side – a salary certificate, or, where the claimant is not working, a certificate of unemployment or evidence of benefits received. The respondent’s financial and employment situation should be described in the statement of reasons; it is worth applying to the court to order the respondent to produce the relevant documents.

The most important element of the petition is a detailed breakdown of the child’s monthly costs – covering the share of rent and utility bills, food, clothing and footwear, school supplies and textbooks, extra-curricular activities, and medical and rehabilitation costs. Where the child requires ongoing treatment or therapy, a medical certificate confirming these needs should be attached.

All documents are submitted in two copies – one for the court and one for the respondent.

In our experience, the most common mistake is describing the child’s costs too vaguely. The more detailed and documented the cost breakdown, the stronger the claimant’s position when the court is setting the amount of maintenance.

What determines the amount of maintenance?

Polish law provides no minimum or maximum figure for child maintenance. The amount of the maintenance obligation is assessed individually by the court, taking into account three main factors under Article 135 § 1 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy): the child’s reasonable needs, the earning and financial capacity of the parent obliged to pay, and the degree to which each parent personally contributes to the child’s upbringing.

The child’s needs are not limited to basic living costs – they include expenditure on education, healthcare, the development of interests, and an age-appropriate standard of living. The court takes into account both the parent’s actual income and their potential earning capacity – even where a parent is deliberately limiting their earnings.

What to do when the debtor evades payment

Non-payment of maintenance is a criminal offence in Poland. Article 209 of the Criminal Code (Kodeks karny) provides that evading the maintenance obligation – where the total arrears amount to at least three periodic payments – is punishable by a fine, restriction of liberty, or imprisonment of up to one year. Where the evasion exposes the entitled person to the inability to meet their basic living needs, the maximum sentence rises to two years’ imprisonment.

Where a judgment is final and the debtor is not paying, an enforcement application can be filed with a court enforcement officer (komornik). The enforcement officer can seize the debtor’s salary, bank account, movable property, and real estate.

Where a debtor has been evading payment for at least six months, the local authority (gmina) for the debtor’s place of residence may apply to register the debtor with the Economic Information Bureau (Biuro Informacji Gospodarczej, BIG) – a register of unreliable debtors. Such registration can have serious consequences for the debtor’s financial and professional credibility.

The maintenance fund – when can it be used?

Where enforcement proceedings have proved ineffective, the maintenance creditor may apply for payments from the state maintenance fund (fundusz alimentacyjny). The conditions are: ineffective enforcement and satisfaction of the income criterion set out in the applicable regulations. Payments from the fund are made up to the amount of the maintenance awarded, subject to a maximum of PLN 500 per month per child. The application is submitted to the local authority (urząd gminy or urząd miasta) for the child’s place of residence.

FAQ

Is a maintenance petition subject to a court fee? No – a maintenance petition is exempt from court fees.

Which court has jurisdiction in maintenance cases? The family and juvenile division of the district court. The claimant has a choice between the court for their own place of residence and the court for the respondent’s place of residence.

Can maintenance be awarded retrospectively? Yes – the court may award maintenance from a date earlier than the judgment, typically from the date the petition was filed. In cases involving the establishment of paternity, maintenance may be awarded from the date of the child’s birth.

What if the respondent conceals their income? During the proceedings the court can order the respondent to produce financial documents. The court also assesses the respondent’s potential earning capacity – even where the respondent is deliberately understating their income or working informally.

Is non-payment of maintenance a criminal offence? Yes – Article 209 of the Criminal Code provides for criminal liability for evading the maintenance obligation where the arrears reach at least three periodic payments. The offence carries a fine, restriction of liberty, or imprisonment of up to one year, rising to two years where the evasion exposes the entitled person to the inability to meet their basic living needs.

I am a foreign national living in Poland – do these rules apply to my situation? Yes. Where the child is habitually resident in Poland, Polish courts have jurisdiction over maintenance matters and the rules described in this article apply regardless of the parties’ nationality. EU Regulation No 4/2009 on maintenance obligations governs jurisdiction and applicable law between EU member states. All documents submitted to a Polish court must be in Polish; documents in other languages require a sworn translation. If the respondent lives outside Poland, cross-border enforcement questions may arise – legal advice on the specific situation is recommended.

What is the difference between a maintenance claim and an application to the maintenance fund? A maintenance claim is a court action that results in a judgment ordering the respondent to pay a specific amount. The maintenance fund is a state safety net that pays benefits where the debtor cannot be reached through enforcement. The two are not alternatives – the fund comes into play only after enforcement has been attempted and has proved ineffective.

Questions about child maintenance or need help filing a petition? 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