Publication date: 05.09.2024
How to arrange alimony in Poland: assistance of a lawyer
The issue of alimony is one of the most important aspects of family law, especially when it comes to ensuring the interests of children after a parental divorce. For Ukrainians living in Poland, the process of obtaining alimony may seem complicated due to differences in legislation and the language barrier. In this article, we will review the key points of the alimony process in Poland and explain how the assistance of a lawyer can simplify this process.
The concept of alimony in Polish law
In Polish law, alimony is considered as a parental obligation to support their children. This obligation does not depend on whether the parents are married or divorced.
Basic principles of alimony in Poland:
- The obligation of both parents to support the child
- Consideration of the child's needs and the parents' capabilities
- The standard of living of the family before the divorce
- Age and state of health of the child
- Contribution of each parent to the upbringing of the child
The service of legal analysis of a situation can help determine how much alimony you can expect in your particular case.
Question
Can I get alimony if my parents were not officially married?
Answer
Yes, in Poland, it is possible to arrange alimony even if the child's parents were not officially married. Polish law recognizes equal rights and obligations of parents regarding child support regardless of their marital status. The key factor is established paternity. If paternity is officially recognized or established by a court, the father is obliged to participate in the child's maintenance on an equal footing with the mother. In this case, additional documentation, such as a certificate of paternity, may be required to make alimony payments. The legal analysis of the documents service can help you determine which documents are required in your situation and how to prepare them correctly.
Alimony procedure
There are two ways to obtain alimony in Poland: by mutual agreement of the parents or through the court. Let's consider both options.
Alimony by agreement:
- Negotiations between the parents
- Drawing up an alimony agreement
- Notarization of the agreement
- Submission of the agreement to the court for approval
The service of lawyer's consultation may be useful at the stage of negotiations and drafting the agreement to ensure that the child's interests are protected and all legal aspects are taken into account.
Court proceedings for child support
If parents cannot reach an agreement on child support, the issue is resolved in court.
Stages of the trial:
- Preparation of a statement of claim
- Filing a lawsuit in court
- Collection and presentation of evidence
- Court hearings
- Making a court decision
The online lawyer service can help you prepare all the necessary documents and represent your interests in court, even if you cannot personally attend the meetings.
Question
How long does it usually take to get an alimony court order?
Answer
The duration of alimony proceedings in Poland may vary depending on the complexity of the case and the workload of the court. On average, the process can last from 2 to 6 months. However, in cases where the case is not complicated and the parties provide all the necessary documents on time, the decision may be made faster. It is important to note that the court may order temporary alimony for the period of the case, if necessary. The service of a lawyer in Poland can help speed up the process by ensuring that all documents are properly prepared and your position is effectively presented in court.
Calculation of the amount of alimony
Determining the amount of alimony is one of the key issues in the process of its formalization. In Poland, there is no fixed amount or percentage of income that is automatically assigned as alimony.
Factors taken into account when calculating alimony:
The financial situation of both parents
The needs of the child (food, clothing, education, medical care)
The child's age
Child's health status
Additional expenses (for example, for sports clubs or tutors)
The legal opinion service can help you understand what amount of child support is fair in your situation, taking into account all these factors.
Enforcement of the alimony decision
Obtaining a court order for alimony is only the first step. It is also important to ensure that it is enforced.
Ways to collect alimony:
- Voluntary payment of alimony
- Recovery through the employer
- Recovery through a bailiff
- Criminal liability for malicious child support evasion
The online lawyer service can provide you with advice on the most effective way to collect alimony in your case.
Changing the amount of alimony
It is important to understand that the amount of alimony is not fixed forever and can be changed under certain circumstances.
Grounds for changing the amount of alimony:
- Change in the financial situation of one of the parents
- Changes in the child's needs
- Birth of other children
- Change of residence of the child
The service of legal analysis of a situation can help determine whether there are grounds for changing the amount of alimony in your case and how to initiate this process correctly.
Question
Is it possible to arrange alimony if one of the parents lives outside Poland?
Answer
Yes, it is possible to arrange alimony even if one of the parents lives outside Poland. Poland is a party to international conventions governing the recovery of alimony in international cases. The process may be more complicated and time-consuming, but it is quite possible. In this case, you may need assistance in finding the debtor, recognizing and enforcing a Polish court decision in another country. It is important to note that some countries have special agreements with Poland that simplify this process. The service of a legal opinion of a lawyer can be particularly useful in such international cases, helping to navigate complex legal procedures and ensuring that your interests are protected.
Making an alimony arrangement in Poland is a complex process that requires a deep understanding of local law and legal procedures. From determining the amount of alimony to ensuring its payment, each stage has its own nuances and potential difficulties. Neglecting any aspect of this process can lead to serious consequences: from the award of an unfair amount of alimony to problems with its collection. This can negatively affect the financial situation of both the alimony payer and the child receiving it. In addition, improperly executed alimony can create problems in the future, for example, when trying to change its amount or when traveling abroad. Therefore, it is crucial to approach the alimony process with due care and to seek professional legal support. Legal marketplace CONSULTANT offers a wide range of services, including the service of verification of documents by a lawyer by a lawyer, the service of a lawyer in Warsaw and the service of written consultation, which can become indispensable assistants at every stage of the alimony process in Poland. By contacting qualified specialists, you will be able to protect your rights and interests, minimize stress and ensure a fair alimony decision. Remember that investing in the right legal support is an investment in your child's financial stability and well-being.
