The dependence of the right of single parents to the parental benefit 500+ from the establishment of alimony from the second parent has been introduced from the new benefit period by the so-called amendment package for families, adopted by the parliament in July last year. It amends, among other things, the act on state aid in raising children, under which the "Family 500 plus" programme was implemented.

 

Whom does it apply to?

The obligation to establish alimony from the second parent applies to all single parents applying for 500+. It does not matter if the applicant applies for a benefit for the first or for the second and subsequent children.

 

Tried and tested solution

This solution has been functioning for 13 years now in relation to the family benefits. The provision of child support from the other parent is also a condition for receiving support here. This means that single parents who are currently receiving family benefits will also meet the condition for the provision of alimony, introduced when granting a parental benefit.

 

Which application appendix?

A single parent should include in the application for the 500+ benefit a court-approved enforcement title confirming the child's alimony payment by the other parent.

 

This includes:

·       copy of the enforceable court order adjudging alimony,

·       copy of the court decision on securing an alimony claim,

·       copy of a protocol containing the content of the court settlement or settlement concluded before a mediator, or

·       alimony agreement in the form of a notarial deed, in which the debtor is subject to execution, but only if the court - after fulfilling the conditions provided for in the Code of Civil Procedure - issued such an agreement with the enforcement clause.

 

Important!

Make sure that the enforcement title is provided by the court with an enforcement clause. According to art. 1082 of the Code of Civil Procedure, the enforcement title, adjudging alimony, is provided by the court with the enforcement clause ex officio. The executive title is served on the creditor ex officio.

 

Important! The order of the court to secure the alimony claim at the request of the parent who applies for alimony is issued by the court in a short time. It takes approximately a month. 

 

What happens if I don’t have child alimony?

If the application is not provided with an enforcement title fixing child support from the other parent, the municipal competent authority will accept the application, but will request the applicant to remedy this situation within 3 months under pain of leaving the application without consideration.

Remember! You can apply for the 500+ benefit even if you do not have an enforceable alimony ruling. The municipal competent authority to which you have applied for the parent benefit will then set a deadline of three months to complete the application.

Should the application be completed with the missing document within the prescribed period and the remaining conditions are met, the parental benefit will be due from the month of submitting the application.

 

Suspension of the course of the 3-month deadline

The course of the 3-month period will be suspended should the single parent be unable to deliver the enforceable title due to the fact that the court has issued a decision on refusal to provide security in the alimony case (such a decision is possible if the person applying for alimony submits an application to the court for securing an alimony claim). The deadline will be suspended until the date of delivery of the enforcement title.

The parent benefit will be due upon delivery of the required enforcement title, from the month of submitting the application for parent benefit, but not earlier than the month from which the other parent was obliged to pay the child support.

 

Alimony adjudicated

Rulings of the court adjudging on alimonies - even if not legally binding - are enforceable by law. According to art. 333 § 1 of the Code of Civil Procedure, the court provides the ruling with immediate enforceability upon its issuance ex officio, if it rules for alimony - concerning installments payable after the day of filing an action, and as to installments payable prior to filing an action, for a period not longer than three months.

 

Contract before the notary public

If the alimony is determined by an agreement concluded in the form of a notarial deed, the notarial deed is an enforceable title (and thus fulfills the condition specified in Article 8 paragraph 2 of the Act of state aid in raising children) only if the court provides such an agreement with an enforceability clause. This is possible after being determined by the court, as the conditions laid down in the provisions of the Code of Civil Procedure regarding the awarding of such contract clauses are met. Judicial control, consisting in the court issuing enforcement clauses, guarantees reliability in determining the amount of alimony.

 

What to do in the case of refusal to provide the enforcement clause to the contract concluded in the form of a notarial deed?

Often, due to the lack of adequate conditions provided for in the Code of Civil Procedure (e.g. the delay in paying alimony laid down in a contract concluded in the form of a notarial deed), the court will not issue an enforceability clause to a contract in the form of a notarial deed. In this type of situation, it is not worth waiting for the enforcement clause to be issued to such a notarial deed, as it will often end with a refusal from the court. Fulfilling the condition of establishing alimony from the second parent will allow for settlement by a court or mediator or application to the court to secure a claim for alimony.

 

You don’t have to wait for the alimony ruling

It is not necessary to provide an alimony ruling issued by the court after the court proceedings initiated by the alimony lawsuit, in order to confirm the arrangement of alimony from the second parent. If an alimony case is already pending before the court or when the date of the hearing is distant, it is sufficient to provide a copy of the court decision on securing the alimony claim.

According to art. 737 of the Code of Civil Procedure, the application for security should be examined by the court without delay, but no later than one week from the date of its receipt by the court.

Therefore, if a single person raising a child, applying for parental benefits, - e.g. due to incomplete legal proceedings for alimony - does not have a sentence adjudging child alimony, they may apply to the court for securing an alimony claim. A court decision to secure the claim obtained in this way will enable the parent to receive parental benefits.

 

Exemption from court costs

What’s important, the party claiming alimony is exempt by virtue of law from the obligation to pay court costs. This also applies to fees for the application for securing the alimony claim.

 

An exception to the rule

The requirement to establish alimony for a child from the second parent does not apply to those situations in which it would be impossible to determine alimony for objective reasons. This will be the case, for example, if the other parent is dead or the father of the child is unknown, and also if an action for alimentation from the other parent was dismissed, the court ordered one of the parents to bear the full cost of supporting the child or when the child - according to the court's decision - remains under alternate care of both parents (divorced, or separated), conducted in comparable and recurring periods.

 

More safety

A single parent should take care of child support from the other parent not only because of the possibility of receiving the 500+ parental benefit or family benefits. Possession of an execution title offers a sense of security and the possibility of judicial enforcement of a debt should the other parent fail to fulfill their obligations. Alimony should be enforced, and those who evade paying should be held liable. It must be remembered that the primary duty of a parent is to take care of the wellbeing of their child.

 

How and where to submit a 500+ application?

An application for support from the government "Family 500 plus" programme can be submitted in person to the municipality competent for the place of residence or sent by post. However, those who want to apply for childcare services without leaving home can do it online. There are 4 available channels to do this: Among those are: the ministerial Emp@tia portal, obywatel.gov.pl, PUE ZUS - ZUS Electronic Services Platform and electronic banking.