Specializations
Lawyer alimony Gdańsk - non-payment of alimony
The Family and Guardianship Code permits a situation where there is a necessity to pay alimony to one's own parents. This arises when a parent is unable to support themselves, for instance, due to poor health or age. From experience, we know that a parent may sue a child for alimony when there is no contact between them for various reasons. Often, this is due to a lack of closeness, a difficult childhood, abandonment, lack of care, etc. The alimony awarded is often perceived by children as unjust, unfair, and sometimes even harmful. This leads to what is known as non-payment of alimony. Criminal law indicates that, according to Article 209 paragraph 1 of the Penal Code, it constitutes evasion of the alimony obligation established by a court. Such a situation has its consequences and requires decisive action. The obligated person may be penalized with a fine, restriction of liberty, or imprisonment. Non-payment of alimony is a condition that necessitates the support of a legal counsel. Therefore, our law firm is eager to provide assistance and advice in this regard.
Non-Payment of Alimony — How to Defend Yourself and Where to Seek Assistance?
Non-payment of alimony is a situation that, in the case of legal proceedings, requires the support of a lawyer. Assistance can be obtained, among other places, at our law firm. We handle cases where we represent both parties involved. The question that arises from non-payment of alimony is "how to defend oneself"? When accused of such an offense, the primary line of defense is often to demonstrate that the arrears are not due to the accused's fault. The individual has made every effort to fulfill their obligation. Such a person has the opportunity to prove that they fulfilled their obligation in a manner other than providing monetary payments, such as through care and maintaining the family.
Sometimes the case concerns establishing whether there was indeed a delay in alimony payments. In such instances, all evidence of payment can be presented.
Non-payment of Alimony and Driver's License
Another issue we wish to highlight is the relationship between non-payment of alimony and a driver's license. Few people are aware that non-payment of alimony can affect the debtor's driver's license. There are regulations that allow for its restriction or suspension in the event of alimony arrears. According to Polish law, the court may order the suspension of a debtor's driver's license if they have alimony arrears. The court may make such a decision if it deems suspension an appropriate means of enforcing alimony payments. You should be aware that in the event of attempting to renew or issue a new license, the authorities responsible for issuing driver's licenses may require the debtor to settle alimony arrears. Failure to pay obligations may result in the restriction or denial of a new license. Therefore, evading alimony payments has real consequences. Non-payment of alimony requires the support of a lawyer. Such assistance is available at our law firm Haber&Haber.
Non-payment of Alimony — When Does the Statute of Limitations Occur?
As you know, in Poland, non-payment of alimony leads to many consequences. The statute of limitations for such a case occurs in accordance with Article 137 § 1 of the Family and Guardianship Code after three years from the moment the alimony obligation arises.
“Art. 137 § 1 of the Family and Guardianship Code
“Claims for alimony benefits become time-barred after three years.”
“Claims for alimony benefits become time-barred after three years.”
It is important to understand that the statute of limitations is not equivalent to annulment. In practice, there is a possibility of legally avoiding the obligation to repay the claim after a specified period. When the debt becomes time-barred, the creditor cannot enforce repayment. However, the debt remains a natural obligation, which carries negative consequences. In the case of alimony debt, it is necessary to raise the defense of the statute of limitations in court. In such matters, we also provide assistance at our law firm. Contacting us is a step towards improving your situation. You can obtain the necessary information and together plan the steps to help you resolve the issue.
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