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Free Guide to Hiring a Family Lawyer
Child support in Hrubieszów is governed by Polish family law and applied by local courts in the same way as across Poland. The core idea is that both parents are legally required to provide maintenance for their children according to the child’s needs and the parents’ ability to pay. Courts in the Family and Guardianship Division decide support amounts when parents cannot agree. If a parent refuses to comply with a court order, enforcement is carried out by a court bailiff - komornik. There are also public schemes that can help when the paying parent does not pay.
You may need a lawyer in many common child support situations - for example when you need to start a claim for maintenance, when the other parent contests paternity, when the payer is self-employed or living abroad, or when you face persistent non-payment and must use enforcement procedures. A lawyer can help you collect and present evidence of income and of the child’s needs, prepare an effective claim for interim maintenance, negotiate a settlement, represent you at hearings, and coordinate with a komornik if enforcement is necessary. Lawyers also advise on tax and benefit interactions and on applications to the state maintenance fund if the payer defaults.
Key legal points relevant in Hrubieszów include the following:
- Legal basis - Polish family law sets out parental maintenance obligations; courts in the Family and Guardianship Division handle claims for alimenty.
- Who pays - parents are primary obligors. If parents cannot provide, other relatives can be obliged in certain circumstances.
- How amount is set - there is no fixed statutory formula. Courts assess the child’s needs and the parent’s earning capacity and reasonable living standards when deciding an amount.
- Duration - support is generally for minor children. After 18, support may continue if the child cannot support themselves - for example during full-time study - until they become independent.
- Interim measures - you can ask the court for temporary maintenance while the main case is pending.
- Enforcement - when a payer ignores an order, enforcement through a komornik can include wage garnishment, seizure of bank accounts and assets, and other compulsory measures under enforcement law.
- State support - when the payer does not pay and cannot be made to pay, the applicant may be entitled to payments from the Fundusz Alimentacyjny - the state maintenance fund - subject to conditions and reimbursement rules.
Child support is a legal obligation to provide financial maintenance for a child. The child, represented by a parent or guardian, is entitled to support. Parents are the main persons required to pay. In some cases, other family members may be required to contribute if parents are unable to pay.
The court assesses the child’s reasonable needs - for example food, clothing, housing, education and medical needs - and the payer’s ability to pay, taking into account income, expenses and living conditions. Courts may request documentation of income and expenses and can order a specific monthly sum or a percentage-based arrangement in particular cases.
Support is generally required until the child reaches majority - 18 years. Support may continue beyond 18 if the child cannot become self-sufficient - commonly during full-time education or when disability prevents independence. Each case depends on the child’s circumstances and the court’s decision.
Yes. Cross-border cases are common. If the other parent lives in another EU country or elsewhere, there are international cooperation mechanisms to establish, enforce and collect maintenance. Processes may involve foreign courts and authorities. Because cross-border procedure is complex, legal advice is strongly recommended.
If paternity is disputed, you can start a paternity action. Paternity can be established by agreement or by court decision, often using DNA testing. Until paternity is established, support claims may be more complex, but interim measures are sometimes available to secure financial support for the child.
Yes. If circumstances change substantially - for example a pay cut, job loss, increased needs of the child, or a change in the payer’s family situation - either side can request modification of the order. You should gather evidence that shows the change and seek legal help to submit the motion to the court.
Your primary enforcement route is through a court bailiff - komornik - who can pursue wage garnishment, seize bank accounts, take movable property, and take other enforcement steps permitted by law. If the payer persistently refuses, you may also be eligible to apply for payments from the state Fundusz Alimentacyjny. Keep records of missed payments and any communication, and consult a lawyer for enforcement strategy.
Typical documents include the child’s birth certificate, identity documents, proof of your and the other parent’s income and expenses, evidence of the child’s needs and costs, any previous agreements or court orders, and proof of residence. If paternity is in question, any relevant documents or suggested witnesses and requests for DNA testing should be prepared. A lawyer can help you prepare a complete set.
Yes. Mediation is often encouraged to reach an agreement that both parents can accept, which can reduce time, cost and conflict. If mediation succeeds, the parties can present the agreement to the court for approval and convert it into an enforceable order. For complex disputes or where domestic violence is present, mediation may not be appropriate.
Costs vary - private lawyer fees depend on the complexity of the case, the lawyer’s experience and the amount of work. Court fees also apply to filing claims. There are free legal aid services in Poland - punkt nieodpłatnej pomocy prawnej - offering basic legal advice and representation in some cases. Low-income persons may qualify for subsidised legal aid. Ask at your local municipal office about available free legal aid points.
Useful local and national resources include the following types of institutions - contact them for specific help in Hrubieszów:
- Local district court - Family and Guardianship Division - for filing claims, obtaining information about court procedure and hearing schedules.
- Court bailiffs - komornik - for enforcement of maintenance orders once you have a court decision or an enforceable agreement.
- Municipal and county social assistance offices - Miejski Ośrodek Pomocy Społecznej or Powiatowe Centrum Pomocy Rodzinie - for social support, advice and information on the Fundusz Alimentacyjny.
- Punkt nieodpłatnej pomocy prawnej - government-funded free legal advice points - for initial legal consultation if you qualify.
- Civil registry office - Urząd Stanu Cywilnego - for certified copies of birth certificates and other documents needed for court proceedings.
- Local family support and child protection services - for additional welfare, counselling and child welfare assessments if needed.
If you need legal assistance with child support in Hrubieszów, follow these practical steps:
- Gather documents - birth certificate, ID, proof of income and expenses, bank statements, proof of costs for the child, and any prior agreements or court orders.
- Seek initial advice - visit a local punkt nieodpłatnej pomocy prawnej if you qualify, or contact a lawyer experienced in family law to review your case and options.
- Consider mediation - if safe and appropriate, mediation can produce a quicker, less adversarial solution that can be turned into an enforceable court order.
- File a claim - if negotiation fails, file a maintenance claim at the local Family and Guardianship Division. Ask your lawyer about interim maintenance orders to secure immediate support.
- Enforce if necessary - if you already have a court order and the payer does not pay, start enforcement with a komornik and consider application to the Fundusz Alimentacyjny if the payer remains non-compliant.
- Keep records - document all payments, missed payments, and communications. This evidence is vital for enforcement, modification requests and any related proceedings.
- Protect the child’s welfare - if you have concerns about the child’s safety or well-being, involve social services and inform the court in your filings.
Getting informed, preparing documentation and seeking professional advice early will give you the best chance of securing reliable support for your child. A local family law lawyer or free legal aid point can guide you through each procedural step in Hrubieszów.
