In March 2018, the Ministry of Justice announced changes to the Act of 25 February 1964 – Family and Guardianship Code (consolidated text: Journal of Laws of 2020, item 1359) and other acts. The government bill was submitted to the Sejm on 27 February 2019, but it was not passed due to the discontinuation of the previous parliamentary term's work. Will this reform finally come to fruition? A description of how we, it seems, convinced the Ministry of Justice to resume legislative work!
💡 Key takeaways
- Following our request under the Public Access to Information Act, the Ministry of Justice has confirmed the resumption of work on the institution of so-called immediate maintenance payments.
- The new procedure is to be based on a simple form (without the need to attach extensive evidence), with maintenance payments awarded within just a few weeks.
- The amount of the immediate benefit would depend on the minimum wage and the number of children, regardless of other circumstances such as age. Of course, the possibility of seeking higher maintenance in the traditional way would be retained.
- The project also introduces, among other things, family information proceedings with a mediator and automatic expiry of maintenance payments after the age of 25.
The basic assumption should be a breakthrough for the child's situation, so that they do not bear the negative consequences of their parents' separation. Immediate maintenance benefits would be granted within a few weeks.
Immediate maintenance payments – upcoming changes in family law
Project progress and ministerial response
One of the fundamental assumptions of the project is to guarantee minors a livelihood by introducing the institution of immediate maintenance payments. Pursuant to Article 128 of the Family and Guardianship Code (k.r.o.), the content of the maintenance obligation is to provide maintenance, and if necessary, upbringing to the entitled person. This scope, according to Article 135 § 1 of the k.r.o., currently depends on the needs of the entitled person and the earning capacity of the obliged person.
Due to a lack of information regarding the continuation of work on the project, we have submitted a request for public information to the Ministry of Justice. In their response dated 6 May 2021, the ministry informed us: Replying to the question regarding the continuation of works (...), I kindly inform you that the Ministry of Justice has resumed works aimed at amending the Family and Guardianship Code. (...) The project requires inclusion in the legislative works register, and consultations are planned for 2021..
On the other hand, on 11 May 2021, the Ministry presented updated assumptions for the project. The order procedure would relieve the courts and immediately secure the child's existence.
More than £500? Immediate maintenance payments
Application procedure for maintenance This provides for significant simplification. The entitled party could file a claim on a ready-made form without additional evidence (apart from a birth certificate). The amount of immediate maintenance would depend on the minimum wage and the number of children:
- for one child – 21% (approx. 588 PLN net, based on the minimum wage at the time),
- for two children – 19% per child (approx. 532 zł),
- for a family with three children – 17% (approx. 476 zł),
- for the 4-pack – 15% (approx. 420 zł),
- for five or more – 13% (approx. 364 zł).
The benefit would be granted without differentiation based on the child's age, within 2 weeks. This institution would not exclude the possibility of later, traditional procedural pursuit of higher maintenance payments, adequate to the actual needs and capabilities.
Other changes: expiry of maintenance payments and information proceedings
The project assumes that maintenance payments will expire when the child reaches the age of 25 (with the exception of disabled children). However, in justified circumstances, a court could extend this obligation. In the opinion of the project's creators, this age is considered sufficient for the child to be self-supporting. Currently, it is the obligor parent who must apply to the court each time to have maintenance obligations revoked, proving the child's independence.
Furthermore, free family information proceedings would be introduced before divorce (or separation) involving mediators, in order to mitigate disputes and quickly determine rules for custody and maintenance (excluded in cases of abuse).
Summary and current legal status
The project seems very necessary in order to protect minors from the negative effects of divorce. It would secure them against the loss of minimal means of subsistence. However, until the law comes into force, the first step in the fight for child support is to file a traditional lawsuit, preferably with a simultaneous application for interim measures during the proceedings.
It is worth remembering that according to the Code of Civil Procedure, there is concurrent jurisdiction in maintenance cases – the plaintiff can choose the court according to the child's place of residence or the defendant's. Due to the complexity of the proceedings, it is best to entrust such a case to a professional.