Both the Ministry of Labour, and the Ministry of Justice which are working on changes concerning maintenance debtors. Ministry of Labour proposes that the execution of their commitments were made only through the courts. MS wants to abolish the obligation to enter them in the Register of Insolvent Debtors.
In addition, the Parliament proceeded the 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 law, parents are required to maintenance with respect 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 a maintenance backlog in excess of 12 months, the bailiff must submit an application to the National Court Register for entry of the debtor in the Insolvency Register.
The provision on mandatory entry in the register is valid for 9 years, and according to the Ministry of Justice is not effective – did not contribute to the growth of collection maintenance (which by the MS is in years approx. 13 percent. receivables) and is not for 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, 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 largely on the financial situation of the debtor, and also, and 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 point niepłacąca maintenance person also becomes a debtor state and municipal authorities, in cooperation with the labor office, take action the 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 – the administrative and judicial proceedings. 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, there will be no administrative decision issued by the debtor reimbursement amounts paid for it with a maintenance fund, nor will they be carried out activities Administrative. The bailiff will download debts of the state budget on the basis of the decision to grant the child benefit from the fund.
The Voice of the 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 opinion, how many earns a parent, in this case, it should not matter, because the provision of alimony are received from the other parent.
In 2013. alimony fund benefits received on average, 328.8 thousand. people. The average benefit amount was approx. 360 zł.
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