What happens when a parent refuses to pay child maintenance in Poland? Can grandparents be ordered to pay?

Failure to pay child maintenance is unfortunately a widespread problem in Poland. Bailiff enforcement proceedings are often ineffective – particularly where the defaulting parent works informally for cash and has no registered income or assets for the bailiff to seize. What then? Polish law provides a solution that very few people are aware of: the possibility of claiming maintenance from the child’s grandparents.

Table of contents

1. The order of maintenance obligations – how does it work?
2. When can grandparents be ordered to pay maintenance?
3. How and where to file a claim against grandparents
4. Grandparent maintenance and the maintenance fund
5. What are the consequences for a parent who refuses to pay?
6. FAQ

The order of maintenance obligations – how does it work?

The maintenance obligation in Polish law is structured on the basis of a defined order of priority. Under Article 128 of the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), the obligation to provide means of subsistence and upbringing falls on relatives in the direct line. Article 132 specifies that descendants are obliged before ascendants, and ascendants before siblings. In practical terms: the parent bears the maintenance obligation first. Only where this cannot be fulfilled – or where fulfilling it is connected with excessive difficulties – can the obligation pass to grandparents.

This is the key principle to bear in mind: grandparents are not obliged to pay maintenance instead of a parent as a matter of course. Their obligation is subsidiary – it arises only where maintenance cannot be obtained from the parent in the first place.

When can grandparents be ordered to pay maintenance?

The Family and Guardianship Code provides that where the person primarily obliged (the parent) is unable to meet the maintenance obligation, or where obtaining maintenance from them is impossible or connected with excessive difficulties, the child may claim maintenance from more distant relatives – including grandparents.

Three main situations justify a claim against grandparents in practice.

The first is where obtaining maintenance from the parent is impossible or seriously obstructed. This is the most common scenario – the parent conceals income, works informally, hides from the bailiff, or lives abroad and ignores all demands. Unsuccessful bailiff enforcement proceedings alone may not be sufficient to establish this ground – it must be shown that the difficulty is lasting rather than temporary.

The second is where the parent is temporarily unable to pay for objective reasons beyond their control. This covers factual obstacles such as serious illness, hospitalisation, or other circumstances that prevent the parent from earning. The distinction matters: it concerns genuine inability, not unwillingness.

The third is the death of the parent. Where the maintenance debtor dies, the obligation may pass to more distant relatives. In such cases, grandparents may be ordered to pay maintenance until another source of support becomes available.

How and where to file a claim against grandparents

The claim is filed with the family and juvenile division of the district court (sąd rejonowy, wydział rodzinny i nieletnich) for the place of residence of the child (the entitled person). The proceedings are adversarial – the claim takes the form of a statement of claim (pozew), not an application.

The claim must establish two things: that the child has unmet needs, and that maintenance cannot be obtained from the parent (or that doing so would involve excessive difficulties). Documentation is essential: existing maintenance orders, information about the bailiff’s enforcement proceedings, records of unsuccessful attempts to collect. The fuller the history of attempts to enforce maintenance against the parent, the stronger the basis for the claim against the grandparents.

In our experience, courts examine this requirement carefully – a bare assertion that “the father is not paying” is not enough. It must be shown that genuine steps were taken to pursue enforcement against the parent.

Grandparent maintenance and the maintenance fund

An alternative or supplement to claiming maintenance from grandparents is the state maintenance fund (fundusz alimentacyjny). The fund pays benefits up to the amount of the awarded maintenance (subject to a maximum of PLN 500 per month per child) where enforcement of maintenance is ineffective, provided that the relevant income criterion is met.

These two options are not mutually exclusive. It is possible to apply for maintenance fund benefits and simultaneously pursue a maintenance claim against the grandparents, particularly where the fund payment does not cover the child’s full needs.

What are the consequences for a parent who refuses to pay?

Evading the maintenance obligation is a criminal offence. Article 209 § 1 of the Criminal Code (Kodeks karny) provides that a person who evades their maintenance obligation where the total arrears amount to at least three periodic payments faces a fine, a 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 increases to two years’ imprisonment.

Reporting the non-payment of maintenance to the prosecuting authorities can be an effective form of pressure where bailiff enforcement has proved futile.

FAQ

Are grandparents legally obliged to pay maintenance for their grandchildren? Yes, but only where obtaining maintenance from the parent is impossible or connected with excessive difficulties. The obligation is subsidiary – it arises only when the person primarily obliged (the parent) cannot or will not fulfil their obligation.

Do I have to exhaust all enforcement options against the parent first? Yes – the court will examine whether steps were taken to obtain maintenance from the parent. The most effective way to establish this is to demonstrate that bailiff enforcement proceedings have been unsuccessful. It is worth retaining documentation: a bailiff’s decision to discontinue or suspend enforcement due to the absence of assets.

Can maintenance be claimed simultaneously from maternal and paternal grandparents? Yes – where both parents are failing to meet their maintenance obligations, it is possible to claim against grandparents on both sides. The court will assess each party’s circumstances individually.

Does a maintenance order against grandparents end if the parent’s situation improves? Yes. Maintenance ordered against grandparents is temporary in nature. If the ground for the order ceases to exist – for example, where the parent finds employment and is able to pay – an application to vary or terminate the order can be made.

Is non-payment of maintenance a criminal offence in Poland? 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, a 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 – does this apply to my situation in Poland? 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. If the defaulting parent lives outside Poland, enforcement may be more complex – EU Regulation No 4/2009 on maintenance obligations governs cross-border enforcement between EU member states, and bilateral or multilateral conventions may apply in other cases. The grandparent maintenance mechanism is a specifically Polish domestic remedy and applies where the grandparents are domiciled in Poland.

What is the difference between the maintenance fund and a claim against grandparents? The maintenance fund is a state benefit programme that pays a fixed monthly amount (up to PLN 500 per child) where enforcement is ineffective and the family meets the income criterion. A claim against grandparents is a civil law claim that can result in an order for a higher amount, tailored to the child’s actual needs. Both can be pursued simultaneously where the fund payment does not cover the full maintenance requirement.

The other parent is not paying maintenance and bailiff enforcement has proved ineffective? 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