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GuidesLawFamily lawChild supportNon‑payment of child support: enforcement and bailiff

Non‑payment of child support: enforcement and bailiff

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Child support calculator for a child — estimated amount

Table of contents

  • What child support is and when it applies
  • When and how to go to a bailiff
  • How to obtain an enforceable title
  • What to include in the enforcement motion
  • How enforcement works
  • Monitoring the enforcement
  • Arrears after the child turns 18
  • Consequences of non‑payment
  • Criminal complaint vs enforcement
  • Calculating arrears and interest
  • What to do if enforcement is ineffective
  • Debtor abroad
  • If the debtor claims inability to pay
  • Short answers
  • Common mistakes
  • Quick checklist
  • Related guides
  • Child support calculator
  • Sources
  • Frequently asked questions (FAQ)

Non‑payment of child support requires quick action because arrears grow and can lead to enforcement, interest and possible criminal liability. Enforcement is only possible with an enforceable title — without it, a bailiff cannot proceed.

What child support is and when it applies

Child support covers the maintenance and development of the child. The duty arises when the child cannot support themselves or their needs are not met by the other parent.

When and how to go to a bailiff

If support is not paid, you need an enforceable title (e.g., a judgment with enforcement clause or a court settlement). After an unsuccessful payment demand, you can file an enforcement motion with a bailiff.

The motion should include the debtor’s details, the amount of arrears and the enforcement methods (salary, bank accounts, assets). The more information you provide about assets, the higher the chance of success.

How to obtain an enforceable title

If you already have a judgment or settlement, you usually need an enforcement clause from the court. Without it, the bailiff cannot act. If you do not have a judgment yet, you must first file a claim and obtain a court decision.

What to include in the enforcement motion

It helps to attach:

  • the enforceable title with clause,
  • a calculation of arrears and interest,
  • the debtor’s PESEL, address and employer (if known),
  • bank account or asset information,
  • your preferred enforcement methods.

How enforcement works

A bailiff can enforce against salary, bank accounts, movable assets and sometimes real estate. Child support has priority over other debts, which increases the chance of recovery.

If the debtor changes jobs or hides income, provide new information to the bailiff. Lack of asset data is a common reason for delays.

Monitoring the enforcement

Stay in contact with the bailiff and update them with any new information about the debtor’s employment or assets. Even small updates can significantly improve recovery.

Arrears after the child turns 18

Arrears remain enforceable even after the child becomes an adult. An enforceable title and the amount of arrears are still required. Adulthood does not automatically cancel the debt.

Consequences of non‑payment

Beyond enforcement, the debtor may face:

  • statutory interest,
  • entries in debtor registers,
  • criminal liability for persistent non‑payment,
  • administrative restrictions (for example loss of a driving licence in specific cases).

Criminal liability is considered when arrears are significant and the debtor persistently avoids payment.

Criminal complaint vs enforcement

A criminal complaint does not replace civil enforcement. It can, however, pressure the debtor to comply. Use it together with enforcement when the non‑payment is persistent.

Calculating arrears and interest

Arrears are the unpaid installments due under the judgment or settlement. Interest accrues separately. A clear month‑by‑month table makes enforcement easier and reduces disputes about amounts.

What to do if enforcement is ineffective

If enforcement is ineffective, consider the support fund: Alimony fund — when it applies. In some cases, interim support may help: Interim child support before judgment.

Debtor abroad

If the debtor lives or works abroad, enforcement may still be possible, but it requires additional steps and documentation. Gather as much information as possible about the location, employer and income.

If the debtor claims inability to pay

Courts and bailiffs consider real earning capacity. A formal lack of income does not always stop enforcement if the debtor has assets or can realistically work.

Short answers

  • enforcement requires an enforceable title,
  • arrears remain even after the child turns 18,
  • benefits do not replace enforcement for unpaid support.

Common mistakes

  • missing the enforceable title,
  • no arrears calculation,
  • providing no asset or employer data,
  • waiting too long before filing.

Quick checklist

  • enforceable title with clause,
  • month‑by‑month arrears table,
  • debtor’s current address and employer (if known),
  • chosen enforcement methods,
  • copies of key documents.

Keep copies of all payment history and correspondence. They help confirm the size of arrears and reduce disputes during enforcement. If you receive partial payments, record them month by month to keep the arrears calculation accurate. Timely updates usually speed up recovery. Even small asset clues can help. Keep the arrears table current. Document everything. Stay organized. It helps. Really.

Related guides

If you are filing a petition, see: Child support petition: how to file step by step. For the criteria used by courts, see: Child support amounts: criteria and rules.

Child support calculator

You can use the child support calculator as a reference point, but it is not binding and should be compared with real costs and evidence.

Sources

  • Family and Guardianship Code (ISAP)
  • Code of Civil Procedure (ISAP)
  • Ministry of Justice - official information

Try it in practice

Use our calculator — result in seconds, no registration required.

  • Child support calculator for a child — estimated amount

Frequently asked questions (FAQ)

Kiedy iść do komornika, gdy alimenty nie są płacone?+
Po uzyskaniu tytułu wykonawczego i bezskutecznym wezwaniu do zapłaty można skierować sprawę do komornika.
Czy zaległe alimenty po 18. roku życia nadal się egzekwuje?+
Tak. Zaległe alimenty podlegają egzekucji, nawet jeśli dziecko jest już pełnoletnie.
Co grozi za niepłacenie alimentów?+
Konsekwencje to m.in. egzekucja komornicza, odsetki i odpowiedzialność karna przy uporczywej niepłatności.

Related guides

  • Alimony fund: when it applies
  • Child support petition: how to file step by step
  • Child support case: procedure
  • Child support amounts: criteria and rules
  • Retroactive child support and back payments

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Related calculators

  • Child support calculator for a child — estimated amount

Related guides

  • Alimony fund: when it applies
  • Child support petition: how to file step by step
  • Child support case: procedure
  • Child support amounts: criteria and rules
  • Retroactive child support and back payments
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