Social and legal aspects of non-alimony towards children in Poland

Abstract

Non-payment of alimony by parents for their children is a serious problem in Poland, which has negative social and economic consequences. It results in the inability to satisfy the necessary needs for their proper development and thus deprives them of prospects and a chance for a dignified life. This article begins by explaining the concept of non-alimony and presenting the scale of the phenomenon to gain awareness of the size of this social problem. In the following part, an analysis was carried out on the social aspects of non-alimony. This issue was described from the point of view of the situation of mothers who were forced to take over the entire burden of supporting their children, without the support of former partners. The consequences of the economic abandonment of children by one of the parents are also presented. The social aspect has also been discussed through the prism of the social campaigns conducted over the last few years to shape the correct attitudes of parents. Due to the fact that in Poland the phenomenon of non-alimony is considered primarily in the legal context, the subsequent part of the article presents a synthetic analysis in this respect. It focuses on the changes that the Polish legislator has introduced into the domestic legal system over the last 3 years. The discussion of this issue began with the offence of non-alimony regulated in Article 209 of the Penal Code, due to its amendment in 2017. It was supposed to become an effective tool to mobilise obliged parents to fulfil their obligation to support their children. Further amendments to the legislation were also reviewed in order to further improve the effectiveness of the enforcement of maintenance support.