What Happens If You Don’t Pay Child Support in Poland?
Failing to fulfill a child support obligation in Poland is more than a failure to pay; it’s a serious legal breach with both civil and criminal consequences. At Dudkowiak Family Lawyers, we guide clients through these complex repercussions with precision and empathy.
In this article, we’ll address:
- The legal implications of non-payment.
- Civil enforcement mechanisms.
- Criminal liability and possible penalties.
- Realistic paths to resolution in tough financial situations.
Is Non-Payment of Child Support a Civil or Criminal Issue in Poland?
Both, depending on circumstances.
Civil Consequences
Courts and judgment creditors can initiate enforcement proceedings without prior notice. Under the Polish Family and Guardianship Code, child support rulings passed during divorce, separation or maintenance proceedings are enforceable. Unpaid amounts may be seized directly from bank accounts or wages through a bailiff (komornik).
Criminal Liability
Under Article 209 of the Criminal Code, intentional failure to pay can constitute a criminal offense if:
- The obligation is court-ordered or stems from a mediation agreement or notarial deed.
- The debtor delays payment by at least three periods (e.g., three months) or more.
- The delay is purposeful, not accidental.
The law distinguishes between:
- Basic offense – punishable by fine, restriction of freedom, or up to one year in prison.
- Aggravated offense (when the child’s basic needs are endangered) – punishable by up to two years in prison.
What Do Civil Enforcement Measures Look Like in Poland?
When a parent fails to honor court-ordered maintenance, the creditor may appoint a bailiff to:
- Garnish wages,
- Freeze bank accounts,
- Seize assets,
- Pass enforcement costs onto the debtor.
These steps are standard and can move quickly. If you’re struggling financially, legal representation can help you request modifications or propose a payment plan.
When Can Non-Payment Lead to Jail in Poland?
Prison is a last resort-but it can happen in extreme cases:
- Persistent refusal: Courts may impose criminal penalties if a parent deliberately avoids their obligation.
- Automatic prosecution: Arrears exceeding three months can trigger state-led criminal proceedings.
- Debt clearance: Full payment within 30 days of official notice may help avoid criminal liability.
Summary Table: Non-Payment Consequences at a Glance
| Situation | Potential Consequences |
| Civil non-payment | Enforcement via bailiff, asset seizure, wage garnishment, added costs |
| Criminal intent + 3+ missed payments | Legal proceedings, fines, restriction of freedom, or imprisonment |
| Endangerment of child’s needs | Up to two years’ imprisonment |
| Full repayment within 30 days | Opportunity to avoid criminal charges |
What Should I Do If I’m Behind on Payments?
At Dudkowiak Family Lawyers, we understand that financial situations can change-and falling behind on child support does not make you a criminal. But ignoring the problem increases risk.
We help clients:
- File for child support modification when income drops.
- Avoid enforcement through negotiated repayment plans.
- Respond to criminal charges by taking proactive legal steps.
The legal system is more flexible with those who show initiative and transparency. Delays happen-but strategy matters.
Need Legal Help Before Things Escalate?
Child support enforcement in Poland is strict, but there are always options-if you act early. Don’t wait for a court summons or a bailiff at your door.
Whether you’re seeking to catch up on arrears, prevent legal action, or restructure your obligations, our legal team is ready to protect your rights and advocate for a workable solution.
Learn more on our Maintenance page, or contact Dudkowiak Family Lawyers for confidential legal support.
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