The Parliament proceeded is also a government draft Amending the Civil Code and the Code of Civil Procedure, which will accelerate the execution procedure through the use of information technology. An example of such. The possibility of electronic service, electronic auctions, electronic attachment of bank accounts receivables.
According to the Parents are required by law to maintenance in relation to a child who is not able to sustain themselves. What it will be the sum depends on the child’s needs and financial capabilities of the parent. Analysis of these two things by the court. If someone refuses to pay, comes to the execution of maintenance and operations bailiff. He is required to conduct an investigation to determine the earnings and financial status of the debtor, as well as his place of residence, may have to take the help of the police.
When the maintenance backlog in excess of 12 months, the bailiff must submit an application to the National Court Register entry debtor Register of Insolvent Debtors.
The provision on mandatory entry in the register is valid for 9 years, and according to the Ministry of Justice is not effective – does not contribute to an increase in child support collection (which, according to the MS has for years approx. 13 percent. receivables) and is not for those not paying child support motivation for settlement. Ministry wants so give up this record.
The draft guidelines amendment to the Act on the National Court Register is a public consultation and inter-departmental, inter alia, in the course of giving opinions by the Supreme Court and the Attorney General. With the resignation of the entry does not match the Children’s Ombudsman, who believes that in this way will disappear one of the tools to discipline debtors. We strongly protest the non-governmental organizations to help parents who have difficulty with the enforcement of child support.
The effectiveness of enforcement depends to extent of the debtor’s financial situation, and also, and perhaps above all of his honesty. If he hides his property, moves it to others, takes a job on black – bailiff is not able to recover alimony. The most vulnerable can then apply to the municipality for the payment of benefits from the Alimony Fund. According to the so-called. alimony Act to be prepared family income per capita does not exceed 725 zł.
From this niepłacąca person until maintenance is also indebted to the state and municipal authorities, in cooperation with the labor office, take steps to professional activity of the debtor. If the debtor refuses to work, the governor may issue a decision to detain his driving license, but only if the debtor is in default of alimony for more than half a year, but do not – if you pay at least half of the awarded amount. The debtor is also subject to criminal liability.
City leads the execution of maintenance obligations alimony paid from the fund in two ways – in an administrative and judicial. However, this does not – as emphasized by the Ministry of Labour and Social Policy – enforced increase in accounts receivable, and generates considerable cost to the competent authority of the creditor (ie, local authorities or social welfare center). With MLSP data show that in 2012. Costs incurred by the municipality to enforce debts during the administrative procedure exceeded the amount of recoveries. Therefore, the Ministry proposes elimination of administrative enforcement and leaving only the judicial enforcement.
If these rules come into force, not will no longer be issued for the return of an administrative decision by the debtor of the amounts paid by him from the alimony fund, nor will they be carried out administrative tasks. The bailiff will download debts of the state budget on the basis of the decision to grant the child benefit from the fund.
Voice on benefits from the Alimony Fund recently took the Government Plenipotentiary for. Margaret Fuszara equal treatment. According to her, these benefits should be paid to all children for whom support was ordered, and whose parent with this obligation failed to comply; there should be no income criteria. According Fuszara introductory provision income threshold differentiates children eligible for child support.
In her view it as a parent earns, in this case, it should not matter, because the provision of alimony are received from the other parent.
In 2013, r. alimony fund benefits received on average, 328.8 thousand. people. The average benefit amount was approx. 360 zł.
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