Cases involving child support are increasingly international in nature. Professional mobility leads many parents who are obliged to pay child support to move abroad, where they take up employment or engage in business activities. However, this does not mean that they can avoid their legal obligations. When the appropriate legal procedure is initiated, it is possible to recover the amounts owed effectively, including across national borders.

Is it possible to enforce child support against a person living abroad?

A parent’s relocation abroad does not result in the loss of the right to recover child support payments. The child support obligation does not end merely because the debtor changes their place of residence, and the creditor remains protected by the law. Both Polish law, European Union law and international conventions provide mechanisms that enable the effective recovery of child support from a person residing outside Poland.

In our legal practice, we increasingly encounter situations where, following a separation, one parent moves to the Netherlands, France, Germany or Belgium for work and stops paying child support. Many people mistakenly assume that once the debtor lives abroad, recovering the outstanding amounts becomes impossible. The opposite is true. A properly conducted legal procedure makes it possible to recover both current child support payments and arrears accumulated over many years.

Where should you start?

The first step is to determine whether there is a final court judgment or a court-approved settlement establishing the child support obligation. If no such decision exists, it may be necessary to initiate proceedings before the competent court. In many cases, the competent court will be a Polish court, even if the other parent resides abroad.

Where child support has already been awarded, it is necessary to analyse the country in which the debtor resides, the income they receive, and the legal rules applicable to the case. The choice of the most appropriate legal strategy depends precisely on these factors.

How is child support enforced within the European Union?

Within the European Union, there are legal mechanisms that significantly facilitate the recovery of child support. As a general rule, there is no need to initiate new court proceedings before a foreign court. A judgment issued by a Polish court may be recognised and enforced abroad, while the competent authorities cooperate in identifying the debtor’s place of residence, employer and assets.

Enforcement measures may be directed, among other things, against the debtor’s salary, bank accounts, pension benefits or real estate.

Is it possible to recover child support arrears and interest?

Yes. Recovery proceedings concern not only current child support payments but also outstanding arrears. In many cases, the debt amounts to tens or even hundreds of thousands of Polish zlotys.

As a general rule, it is also possible to claim statutory interest for late payment. However, the rules governing the recovery of such interest depend on the country concerned and the specific circumstances of the individual case.

What should you do if the debtor’s current address is unknown?

The fact that the debtor’s current address is unknown does not prevent legal proceedings from being initiated.

Within the framework of international cooperation, there are legal mechanisms that make it possible to establish the debtor’s place of residence or employment. In practice, it is often possible to obtain the information necessary to carry out enforcement measures effectively.

The most common mistakes made by creditors

The most common mistakes include delaying the initiation of legal action, failing to gather complete documentation, mistakenly believing that the debtor’s move abroad makes enforcement impossible, and abandoning the recovery of statutory interest.

Every month of inaction may make the effective recovery of the outstanding amounts more difficult.