Non-maintenance – definition
In Polish criminal law, non-maintenance refers to the offense committed by a person who is legally obliged to pay maintenance (such as alimony or child support) but intentionally evades this duty despite having the financial capacity to do so. Non-maintenance involves failing to pay amounts specified by a court ruling, an agreement, or other legal decisions, with arrears amounting to at least three periodic payments or a delay of at least three months for non-periodic payments. This offense is codified under Article 209 of the Polish Penal Code.
The crime recognizes the intentional nature of evasion-simply being unable to pay due to external factors like serious illness or imprisonment does not constitute non-maintenance. The law aims to protect the entitled persons who rely on maintenance to meet basic life needs, such as food, clothing, shelter, education, and medical care. If the non-payment causes the entitled person to lack such basic necessities, the offense is considered aggravated and carries harsher penalties.
Key aspects of the concept
- Non-maintenance occurs when a person with a legal obligation delays or fails to pay maintenance equivalent to at least three regular payments or for at least three months in the case of non-periodic payments.
- The offender must be objectively capable of paying but willfully evades payment.
- If the non-payment endangers the entitled person’s ability to meet basic life needs, the offense is punishable with a heavier sentence.
- “Basic life needs” are broadly interpreted to include clothing, food, hygiene, housing, education, and cultural activities relevant especially for children.
- Criminal liability can be avoided if the entire overdue maintenance is paid in full no later than 30 days from the first interrogation as a suspect.
- Prosecution may be initiated by the aggrieved party, social welfare bodies, or ex officio when public benefits were provided due to the debtor’s non-payment.
Examples of use of “Non-maintenance”
- A parent, despite having sufficient income, refuses to pay court-ordered child support for more than three months.
- A spouse tasked with financial support neglects payments, putting the other spouse at risk of lacking basic living necessities.
- The state prosecutes a debtor whose deliberate failure to pay maintenance leads to the dependent person not having adequate food or clothing.
- A debtor clears full arrears within 30 days after police questioning, potentially avoiding criminal penalties.
See also
- Maintenance
- Alimony
- Child Support
- Family Law