**A Caseworker's Guide to Processing Cases with Poland**

[]{.mark}

[A Caseworker's Guide to Processing Cases with Poland]{.underline} is
intended to assist caseworkers by outlining policy information,
describing procedural requirements, and providing forms for use in cases
between the Republic of Poland and U.S. jurisdictions. The text of the
international agreement between the United States and the Republic of
Poland may be found in Part A of this Caseworker's Guide or at
<http://www.acf.hhs.gov/programs/cse/international/index.html>.

The Ministry of Justice is Poland's Central Authority. Establishment of
paternity or support and support modification are heard by the District
Court. Recognition or enforcement of foreign orders is heard by the
Circuit Court. For Polish contact information, please access the
Intergovernmental Referral Guide at
<http://ocse.acf.hhs.gov/ext/irg/sps/selectastate.cfm>.

[A Caseworker's Guide to Processing Cases with Poland]{.underline}
contains the following information:

Part A -- International Agreement between the U.S. and Poland

Part B -- Outgoing Support Packages from the U.S. to Poland

Part C -- Incoming Support Packages from Poland to the U.S.

Part D -- Policy for Poland

Part E -- Bilingual International Forms for Poland

-   [Affidavit in Support of Establishing Parentage]{.smallcaps}

-   [Affidavit of Direct Payments and Possession]{.smallcaps}

-   [Certificate of Enforceability]{.smallcaps}

-   [Existing Order Information & Statement of Arrears]{.smallcaps}

-   [General Testimony]{.smallcaps}

-   [Locate Persons/Assets]{.smallcaps}

-   [Registration Statement]{.smallcaps}

-   [Transmittal & Acknowledgment]{.smallcaps}

-   [Uniform Support Petition]{.smallcaps}

***Part A: International Agreement between the U.S. and***

***the Republic of Poland***

The text of the international agreement between the United States and
Poland is found below and at:
<http://www.acf.hhs.gov/programs/cse/international/index.html>

**DECLARATION - POLAND**

**RECIPROCITY IN FAMILY SUPPORT (MAINTENANCE) ENFORCEMENT**

As authorized by §459A(a)(1) of Title IV-D of the Social Security Act
(42 U.S.C § 659A(a)(1)), and with the concurrence of the Secretary of
Health and Human Services, I hereby declare the Poland to be a foreign
reciprocating country. Poland has made a parallel declaration to enter
into force on the effective date of the declaration of the Department of
State of the United States of America. This declaration shall take
effect on the date of signature as indicated below.

  ----------------------------- ----------- -----------------------------
  6-14-98                                   /s/

  Date                                      Legal Adviser
  ----------------------------- ----------- -----------------------------

***Part B: Outgoing Child Support Packages from the U.S. to***

***Poland***

The address for Poland's Central Authority can be found at:
[http://www.acf.dhhs.gov/programs/cse/international/country/Poland/](http://www.acf.dhhs.gov/programs/cse/international/country/switzerland/).

U.S. cases are to be sent to Poland's Central Authority, the Ministry of
Justice. The Ministry of Justice performs a preliminary formal review of
the petition and the accompanying documents, examining them for
sufficiency, to ensure that: the petition was signed by the petitioner;
documents required by Polish law are appended; the documents are
originals or officially certified copies; documents or other records in
English are accompanied by Polish translation; the translation has been
performed by a sworn (certified) translator.

If the petition is complete, it is forwarded to the competent Court of
Justice where the respondent resides. A petition for the order
establishing paternity and/or maintenance and related claims is sent to
a competent District Court (*Sąd Rejonowy*), since child maintenance is
a judicial process in Poland.

A petition for the recognition and/or enforcement of an order issued by
a U.S. tribunal is sent to a competent Circuit Court (*Sąd Okręgowy*).
After the order is recognized and a clause of enforceability is added,
the order is transmitted to a competent court enforcement
officer/bailiff (judicial enforcement authority) for compulsory
enforcement.

***If responding to a Polish court's request, the U.S. response should
be sent directly to that court, not to the Ministry of Justice***.

Location of an obligor in Poland is straightforward, because the address
data are gathered in the Central Address Bureau (*Centralne Biuro
Adresowe - CBA*). The Ministry of Justice transmits all location
requests to CBA.

After a support order is established, the obligor may voluntarily submit
to enforcement; otherwise, enforcement actions are filed with the court.
When the court finds a *foreign judgment* to be enforceable, it adds a
"clause of enforceability" permitting enforcement actions to be filed in
Poland.

**Forms**

Poland, under the terms of its international child support reciprocity
agreement under 42 U.S.C. §659A, has agreed with the United States to
accept service requests on bilingual international forms attached at the
end of this Caseworker's Guide, Part E.

Please note that while the headings for the various data elements on
these forms are in both English and Polish**, the information itself
needs to be in Polish.** While proper names need no special treatment,
care must be taken that other information (e.g., eye color) is
translated and that currency of order/arrearages is identified. Also,
the translation of supporting documents (e.g., birth or marriage
certificate) must be done by a sworn (certified) translator.

The following chart, ***Forms from U.S. to Poland***, summarizes the
forms that need to be sent to Poland to process various case actions. In
addition to the general international bilingual forms, a "Certificate of
Enforceability" must accompany any request to register an existing
order. Polish officials request that U.S. states provide a copy of the
translated order that is certified or verified, and a detailed
calculation of the payments and arrears.

**Paternity Establishment**

If a child is born out-of wedlock, paternity is established in one of
two ways: legitimating the child by the father (through a statement from
the civil registry official or a judge), or in a judicial proceeding. If
paternity is at issue, the Court of Justice will order genetic testing
on the request of the claimant. Polish law prohibits judicial paternity
establishment in the context of an enforcement and recognition
proceeding.

When Poland is requested to recognize a foreign paternity order, a
Polish court will review the order and determine the following before
granting recognition:

-   The case is not, according to the Polish law or international
    agreement, within the exclusive jurisdiction of Polish courts or
    courts of the third state;

-   The case was not already validly and finally decided before the
    Polish court or it was not instituted before the Polish court
    appointed to examine it, before the order of a foreign court has
    become valid and final; and

-   The order is not contrary to fundamental principles of legal order
    of the Republic of Poland.

Polish officials also ask that state child support officials pay
particular attention to the requirement that paternity has been
established before a support order may be enforced. It is important for
the U.S. order \[or separate document\] to recite the basis for
jurisdiction over the respondent, specify whether he/she participated in
the hearing, and confirm notice of the hearing.

Further information about Poland policy and procedures may be found in
Part D of this Caseworker's Guide.

**Forms from the U.S. to Poland**

+----------------------------+-----------------------------------------+
| **IF the person in the     | **THEN complete these bilingual forms   |
| U.S. wants to ...**        | and documents ...**                     |
+============================+=========================================+
| Establish a new (initial)  | -   Transmittal & Acknowledgment        |
| support assessment/order   |                                         |
| in Poland, including the   | -   Uniform Support Petition            |
| establishment of paternity |                                         |
|                            | -   General Testimony, including        |
|                            |     supporting documentation/evidence   |
|                            |                                         |
|                            | ```{=html}                              |
|                            | <!-- -->                                |
|                            | ```                                     |
|                            | -   Affidavit in Support of             |
|                            |     Establishing Parentage (if          |
|                            |     applicable)                         |
|                            |                                         |
|                            | ```{=html}                              |
|                            | <!-- -->                                |
|                            | ```                                     |
|                            | -   Affidavit of Direct Payment &       |
|                            |     Possession (If applicable)          |
+----------------------------+-----------------------------------------+
| Enforce an order that was  | -   Transmittal & Acknowledgment        |
| established in Poland      |                                         |
|                            | -   Registration Statement              |
|                            |                                         |
|                            | -   Existing Order information & Sworn  |
|                            |     Statement of Arrears (all orders)   |
|                            |                                         |
|                            | -   Certified copy of the existing      |
|                            |     Polish order with a "clause of      |
|                            |     enforceability                      |
+----------------------------+-----------------------------------------+
| Register and enforce an    | -   Transmittal & Acknowledgment        |
| existing order in Poland   |                                         |
|                            | -   Registration Statement, including a |
|                            |     sworn statement by the custodian of |
|                            |     payment records, a certified copy   |
|                            |     of the tribunal/agency payment      |
|                            |     history, or the completed form,     |
|                            |     "Existing Order Information &       |
|                            |     Statement of Arrears" (if           |
|                            |     applicable)                         |
|                            |                                         |
|                            | -   Certified or verified copy of the   |
|                            |     existing (controlling) order        |
|                            |     (translated into Polish)            |
|                            |                                         |
|                            | -   Certificate of Enforceability       |
|                            |     (including evidence of              |
|                            |     participation or of notice and      |
|                            |     opportunity to appear)              |
+----------------------------+-----------------------------------------+
| Register and modify a U.S. | **[Step 1 Forms:]{.mark}**              |
| order in Poland because it |                                         |
| is not modifiable in the   | -   Transmittal & Acknowledgment        |
| U.S.                       |                                         |
|                            | -   Registration Statement, including a |
| Note: Polish law prohibits |     sworn statement by the custodian of |
| a Polish court from taking |     payment records, a certified copy   |
| substantive control of a   |     of the tribunal/agency payment      |
| foreign order pursuant to  |     history, or the completed form      |
| a petition for             |     \"Existing Order Information &      |
| registration and           |     Statement of Arrears\" (if          |
| enforcement. Therefore,    |     applicable)                         |
| the court cannot modify    |                                         |
| the U.S. order in the      | -   Certified or verified copy of       |
| context of such an action. |     existing (controlling) order        |
| **However**, the desired   |                                         |
| effect can be obtained by  | ```{=html}                              |
| following these two steps: | <!-- -->                                |
|                            | ```                                     |
| **[Step 1:]{.mark}**       | -   Certificate of Enforceability       |
|                            |     (including evidence of              |
| Petition for registration  |     participation or of notice and      |
| of such an order in        |     opportunity to appear)              |
| proceedings before the     |                                         |
| competent Circuit Court    | **[Step 2 Forms:]{.mark}**              |
| (*Sąd Okręgowy*). Result:  |                                         |
| Registered order becomes   | -   Transmittal & Acknowledgment        |
| effective in the same way  |                                         |
| as the order of the Polish | -   Uniform Support Petition; date      |
| court is, ***and then:***  |     and/or reference number of Polish   |
|                            |     order established by earlier        |
| **[Step 2:]{.mark}**       |     registration                        |
|                            |                                         |
| File an action for         | -   General Testimony                   |
| modification of the        |                                         |
| registered order in        | -   Supporting documentation/evidence   |
| proceedings before the     |                                         |
| competent District Court   |                                         |
| (*Sąd Rejonowy*).          |                                         |
+----------------------------+-----------------------------------------+
| Request modification of an | -   Transmittal & Acknowledgment        |
| existing Polish Order or   |                                         |
| Settlement Agreement       | -   Uniform Support Petition; date      |
|                            |     and/or reference number of Polish   |
|                            |     order or settlement agreement       |
|                            |     ("ref. no. \...")                   |
|                            |                                         |
|                            | -   General Testimony                   |
|                            |                                         |
|                            | ```{=html}                              |
|                            | <!-- -->                                |
|                            | ```                                     |
|                            | -   Supporting documentation/evidence   |
+----------------------------+-----------------------------------------+
| Locate a person or provide | -   Transmittal & Acknowledgment        |
| leads to assets in Poland  |                                         |
|                            | -   Locate Person/Assets                |
+----------------------------+-----------------------------------------+
| Request status,            | -   Transmittal & Acknowledgment        |
| assistance, or information |                                         |
| (ex: requesting income     | ***Note:** Due to the protection of     |
| information for a          | personal data, legal assistance aimed   |
| modification, service of   | at establishing the income of the       |
| process, etc.)             | obligor (e.g., income information for a |
|                            | modification) is available              |
|                            | [exclusively]{.underline} upon request  |
|                            | of a court for the purposes of pending  |
|                            | proceedings.*                           |
+----------------------------+-----------------------------------------+

***Part C: Incoming Child Support Packages from Poland to the U.S.***

Cases should be sent from Poland directly to the specific State in which
the obligated parent lives. *The Ministry of Justice advises that a
Circuit Court (Sąd Okręgowy*[^1]*) is solely competent to transmit
requests on the basis of the U.S. -- Poland agreement on reciprocity.
Moreover, courts are solely competent to issue certificates of
enforceability of judgments in Poland.* If the State in which the
obligor is living is unknown, Poland may send a request to the U.S.
Central Authority, the Federal Office of Child Support Enforcement. OCSE
will use the Federal Parent Locator Service to try to locate the State
in which the obligor resides.

Information on laws/policy of individual U.S. states, similar to that
which follows regarding Polish law, can be found for each state on the
U.S. Office of Child Support Enforcement's online Intergovernmental
Referral Guide (IRG) at
http://ocse3.acf.hhs.gov/ext/irg/sps/selectastate.cfm.

**Payments**

All support payments to Poland are to be sent to US Money Express Co.,
5395 N. Milwaukee Avenue, Chicago, Illinois 60630, referencing the
custodial parent/guardian. Instructions are contained in DCL-03-45 at
<http://www.acf.dhhs.gov/programs/cse/pol/DCL/dcl-03-45.htm>. Checks are
to be payable to the creditor, not to the Ministry of Justice. To reduce
the cost of cashing the check, payments to an individual may be bundled,
with the agreement of the Polish claimant (see PIQ-04-01 at
<http://www.acf.hhs.gov/programs/cse/pol/PIQ/2004/piq-04-01.htm>).

**Notices**

When automatic cost-of-living adjustments are made by a State, notices
to the creditor regarding such adjustments should be faxed to the Polish
District Court where the case originated. The court will arrange for the
Polish creditor to sign the documents, if necessary, in a timely manner
and mail them to the State. **States should not send any notices to U.S.
Money Express**.

**Exchange rates**

Poland has consistently raised a concern that payments made when Polish
orders are registered in a State are not equivalent to the amount due
under the Polish order. States have discretion in determining the
methodology to be used in currency conversions. See, e.g. PIQ-04-01
http://www.acf.dhhs.gov/programs/cse/pol/PIQ/2004/piq-04-01.htm. States
may convert the Polish order amount from Polish zlotys to American
dollars when they first receive the order to be enforced. States with
experience working Polish cases have found that this method works well.
States may consider converting the exchange once a year, or any other
time they are informed of a large shift in the conversion rate.

**Setting Support in U.S. Orders for Polish Children**

Polish officials have expressed concern that some U.S. tribunals are
setting low support orders due to the perceived lower cost of living in
Poland. Poland was assured that in establishing a child support order,
U.S. tribunals are required to apply the State's child support
guidelines as a rebuttable presumption, including in international
cases, and may not deviate without good cause under State law.

**Age of Majority**

Poland also raised a concern that some States are not enforcing
post-majority support that continues under Polish law. Under Polish law,
the age of majority is 18. Nevertheless, parents continue to have a
support obligation until their child is capable of supporting
himself/herself, e.g., in the case of the child's continued education.
In Poland, the "education duty" means the duty to attend school until
one is 18 years of age (in practice, it is 19 years of age). Further
education, most frequently higher studies at the university or at a
technical university, continues the parents' support obligation. In
Poland, the support order does not terminate by operation of law; a
pleading must be filed to end the obligation.

States are reminded that under the Uniform Interstate Family Support Act
(UIFSA), when enforcing a foreign order, the duration of a support
obligation is determined by the law of the issuing state. Therefore,
states must *enforce* Polish current support obligations that extend
beyond the State's own age of majority. Please refer to Part D, Policy
for Poland.

**Interest on Arrears**

States must accept Polish requests to collect interest on arrears.
Poland will update the record with accrued interest charges on an annual
basis. In a support order, the Polish court adjudicates *ex officio*
"statutory interest on payment arrears" in favor of an eligible person.
In Poland, the amount of statutory interest is made publicly known by
way of its publication in *Dziennik Ustaw*. Publication makes it
possible for the maintenance creditor to calculate independently the
amount of arrears. The court enforcement officer/bailiff calculates the
arrears by use of a computer program. OCSE explained to Poland that if
the Polish court enforcement officer/bailiff would calculate the amount
of interest due and notify the IV-D agency, states could collect
interest on arrears.

**Closing Cases with Arrears under \$500**

Poland has additionally raised the issue that states are closing cases
because the arrears do not exceed \$500 (pursuant to 45 CFR
303.11(b)(1)). Poland strongly requested that such cases not be closed
because amounts less than \$500 are still quite significant to the
Polish creditor. States are encouraged to flag such cases to avoid
automatic case closure when current support has terminated and the
arrears are \$500 or less.

**Forms**

The following chart, ***Forms from Poland to the U.S.,*** summarizes the
forms that Poland will send to the U.S. to process various case actions.
Poland has agreed to use the attached bilingual English/Polish forms to
initiate service requests to the U.S. Poland will provide these
bilingual forms to the U.S. in English. U.S. caseworkers should find the
format and information contained to be familiar because, even though
they are in two languages, the forms are very similar to the forms
promulgated for use in domestic interstate cases under UIFSA.

Please note that, where applicable, the individual creditor will
complete the arrears statement. In Poland, there is no governmental
custodian of the payment record; making and storing of a payment history
by Polish courts is not envisioned.

**Forms from Poland to the U.S.**

+----------------------------+-----------------------------------------+
| **IF the person in Poland  | **THEN complete these bilingual forms   |
| wants to ...**             | and documents ...**                     |
+============================+=========================================+
| Establish a new (initial)  | -   Transmittal & Acknowledgment        |
| support assessment/order   |                                         |
| in the U.S. including the  | -   Uniform Support Petition            |
| establishment of paternity |                                         |
|                            | -   General Testimony                   |
|                            |                                         |
|                            | ```{=html}                              |
|                            | <!-- -->                                |
|                            | ```                                     |
|                            | -   Affidavit In Support Of             |
|                            |     Establishing Parentage (if          |
|                            |     applicable)                         |
|                            |                                         |
|                            | ```{=html}                              |
|                            | <!-- -->                                |
|                            | ```                                     |
|                            | -   Affidavit of Direct Payment &       |
|                            |     Possession (If applicable)          |
|                            |                                         |
|                            | -   Supporting documentation/evidence,  |
|                            |     including an affirmative statement  |
|                            |     that no other support order exists  |
+----------------------------+-----------------------------------------+
| Register and enforce an    | -   Transmittal & Acknowledgment        |
| existing Polish order in   |                                         |
| the U.S.                   | -   Registration Statement, including   |
|                            |     the completed form "Existing Order  |
|                            |     Information & Statement of Arrears" |
|                            |     (if applicable)                     |
|                            |                                         |
|                            | ```{=html}                              |
|                            | <!-- -->                                |
|                            | ```                                     |
|                            | -   2 copies, one certified, of the     |
|                            |     existing order                      |
|                            |                                         |
|                            | -   Locate Person/Assets                |
+----------------------------+-----------------------------------------+
| Register & modify an       | -   Transmittal & Acknowledgment        |
| existing order in the U.S. |                                         |
| because the order is not   | ```{=html}                              |
| modifiable in Poland.      | <!-- -->                                |
|                            | ```                                     |
|                            | -   Existing Order Information & Sworn  |
|                            |     Statement of Arrears                |
|                            |                                         |
|                            | ```{=html}                              |
|                            | <!-- -->                                |
|                            | ```                                     |
|                            | -   Uniform Support Petition            |
|                            |                                         |
|                            | -   General Testimony (only sections    |
|                            |     applicable to reason for            |
|                            |     modification and recalculation of   |
|                            |     support)                            |
|                            |                                         |
|                            | -   Supporting documentation/evidence   |
+----------------------------+-----------------------------------------+
| Request modification of an | -   Transmittal & Acknowledgment        |
| existing U.S. Order.       |                                         |
|                            | -   2 copies, one certified, of the     |
|                            |     existing (controlling) order, if    |
|                            |     the order was issued in another     |
|                            |     state                               |
|                            |                                         |
|                            | ```{=html}                              |
|                            | <!-- -->                                |
|                            | ```                                     |
|                            | -   General Testimony (only sections    |
|                            |     applicable to reason for            |
|                            |     modification and recalculation of   |
|                            |     support)                            |
|                            |                                         |
|                            | -   Supporting documentation/evidence   |
+----------------------------+-----------------------------------------+
| Locate a person or provide | -   Transmittal & Acknowledgment        |
| leads to assets in the     |                                         |
| U.S.                       | -   Locate Person/Assets                |
+----------------------------+-----------------------------------------+
| Request status,            | -   Transmittal & Acknowledgment        |
| assistance, or information |                                         |
| (ex: requesting income     |                                         |
| information for a          |                                         |
| modification, service of   |                                         |
| process, etc.).            |                                         |
+----------------------------+-----------------------------------------+

***Part D: Policy for Poland***

+------------------------------+---------------------------------------+
| **SERVICE OF PROCESS**       |                                       |
+------------------------------+---------------------------------------+
| Check which of the following | \_[X]{.underline} \_personal service  |
| methods are used to serve    |                                       |
| process on an individual:    | \_\_\_\_regular mail (no receipt)     |
|                              |                                       |
|                              | \_\_\_\_registered mail (receipted by |
|                              | addressee only)                       |
|                              |                                       |
|                              | \_\_\_\_registered mail (receipted by |
|                              | anyone at the address)                |
|                              |                                       |
|                              | \_\_\_\_publication (example: in a    |
|                              | legal journal, newspaper, public      |
|                              | posting)                              |
|                              |                                       |
|                              | (**Note**: If the non-custodial       |
|                              | parent has been served in a method    |
|                              | satisfactory for the Requested        |
|                              | (responding) state but has not        |
|                              | appeared or challenged the notice,    |
|                              | any default order is valid.)          |
+------------------------------+---------------------------------------+
| How is a non-resident or     | ***For a non-resident:***             |
| person whose whereabouts are |                                       |
| not known, notified of       | In every case involving a participant |
| proceedings?                 | who lives outside of Poland, the      |
|                              | court is required to instruct the     |
|                              | participant that if he/she has not    |
|                              | appointed a resident of Poland to act |
|                              | as a representative on his/her behalf |
|                              | during the proceedings, the           |
|                              | participant must appoint a person in  |
|                              | Poland on whom process can be served. |
|                              | *If the participant does not, court   |
|                              | letters are retained in the court     |
|                              | file and deemed served*. The court    |
|                              | provides this instruction at first    |
|                              | service of process.                   |
|                              |                                       |
|                              | ***For a person whose whereabouts are |
|                              | not known:***                         |
|                              |                                       |
|                              | Until the party or its agent for      |
|                              | litigation appears, service must be   |
|                              | made by in-hand delivery to a         |
|                              | guardian appointed by the court       |
|                              | deciding the case. The petitioner     |
|                              | makes the motion for appointment of   |
|                              | the guardian.                         |
+------------------------------+---------------------------------------+

+------------------------------+---------------------------------------+
| **STATUTE OF LIMITATIONS**   |                                       |
+------------------------------+---------------------------------------+
| Is there a statute of        | Yes, it is 3 years.                   |
| limitations for past due     |                                       |
| support? If yes describe.    | However, the statute of limitations   |
|                              | is interrupted in the following       |
|                              | circumstances: any action taken in an |
|                              | authorized court to recover,          |
|                              | establish, satisfy or secure the      |
|                              | claim; or an acknowledgment of the    |
|                              | claim by the adjudicated creditor.    |
+------------------------------+---------------------------------------+
| Is there a statute of        | For establishing paternity, the law   |
| limitations for establishing | of the state of the child's birth     |
| paternity? If yes describe.  | applies.                              |
+------------------------------+---------------------------------------+
| Will Poland accept a         | Yes, but for a maximum period of 3    |
| petition if the only issue   | years retroactive from the date of    |
| is support for a prior       | filing an action with the court and   |
| period, that is, no child is | under the condition that the claimant |
| currently entitled to        | proves that he was suffering          |
| support?                     | privation during that time (e.g., he  |
|                              | incurred debts in order to satisfy    |
|                              | his basic needs).                     |
+------------------------------+---------------------------------------+
| **AMOUNT OF SUPPORT**        |                                       |
+------------------------------+---------------------------------------+
| In setting the amount of     | While setting the amount of support,  |
| support, whose income is     | the earning and property              |
| considered in addition to    | *capabilities* of the obligor \--     |
| the income of the            | *i.e., not only his factual income    |
| non-custodial parent (for    | but also income that he could obtain  |
| example: custodial parent's, | in a full exercise of his powers,     |
| custodial parent's new       | qualifications and talents \--* as    |
| spouse, child's, Etc.)?      | well as his support obligations for   |
|                              | other persons are taken into account. |
|                              |                                       |
|                              | The child's personal assets (if there |
|                              | are any) are considered. The          |
|                              | custodial parent's earning and        |
|                              | property *capabilities* also are      |
|                              | taken into account, although the      |
|                              | custodial parent's support obligation |
|                              | may consist fully or partially of     |
|                              | his/her personal efforts to support   |
|                              | or care for the child.                |
|                              |                                       |
|                              | Note: Article 144 §1 allows child     |
|                              | maintenance to be claimed from the    |
|                              | stepparent, if it is "compatible with |
|                              | the principles of social coexistence" |
|                              | (e.g., when parents cannot comply     |
|                              | with their support obligation or one  |
|                              | or both are dead or when their        |
|                              | earning and property capabilities are |
|                              | not sufficient to satisfy all         |
|                              | justified needs of the child).        |
|                              | *Support benefits from a stepfather   |
|                              | or a stepmother may only be claimed   |
|                              | in separate proceedings.*             |
+------------------------------+---------------------------------------+
| How is the amount of support | A child has the right to a standard   |
| determined (examples: by     | of living equal to that of his/her    |
| formula, % of income,        | parents, regardless of whether the    |
| tribunal discretion, Etc.)?  | child lives together with the parents |
|                              | or separately.                        |
|                              |                                       |
|                              | There is no standard formula.         |
|                              | Maintenance is set by judicial        |
|                              | process in Regional Courts -- Family  |
|                              | and Juvenile Divisions. Support is    |
|                              | established based on reasonable needs |
|                              | of the person entitled to support     |
|                              | (based on the standard of living of   |
|                              | the parents) and total financial      |
|                              | situation of the obligor (income,     |
|                              | assets and obligation to other        |
|                              | dependents). Family and Guardianship  |
|                              | Code, Article 135 §1.                 |
|                              |                                       |
|                              | The obligation of a custodial parent  |
|                              | toward child maintenance is met by    |
|                              | personal care provided to that child  |
|                              | (Article 135 §2).                     |
|                              |                                       |
|                              | The fact that a party lives abroad    |
|                              | relates only to the standard of       |
|                              | living. The Polish court will apply   |
|                              | the [national]{.underline} law of the |
|                              | person eligible to receive support    |
|                              | only when this person is not also of  |
|                              | Polish nationality at the same time.  |
|                              | In that case, information on the      |
|                              | nationality of the child and the      |
|                              | absence of Polish nationality, as     |
|                              | well as the text of the national law  |
|                              | of the child together with its        |
|                              | certified translation into Polish,    |
|                              | should be enclosed with the petition. |
+------------------------------+---------------------------------------+
| Does Poland allow for        | Support may be retroactive for no     |
| support for a period before  | longer than three years prior to      |
| the parent applied? If yes,  | filing the petition in Poland         |
| what is the period allowed   | (Article 137, Family and Guardianship |
| (for example, from birth of  | Code).                                |
| child, from date of          |                                       |
| separation, retroactivity    |                                       |
| support is limited to X      |                                       |
| years, Etc.)?                |                                       |
+------------------------------+---------------------------------------+
| **MODIFICATION OF ORDERS**   |                                       |
+------------------------------+---------------------------------------+
| May either party request a   | Yes. A modification petition may be   |
| review for modification?     | filed by either the obligor or        |
|                              | obligee. (Parties may also agree to   |
|                              | an adjustment.) Pursuant to the       |
|                              | Family and Guardianship Code,         |
|                              | modification can be sought if there   |
|                              | is a change in                        |
|                              | relations/circumstances, including,   |
|                              | e.g., increased cost of living        |
|                              | (increase sought) or "no-fault loss   |
|                              | of employment" (decrease sought).     |
|                              |                                       |
|                              | Polish law prohibits a Polish court   |
|                              | from taking substantive control of a  |
|                              | foreign order pursuant to a petition  |
|                              | for registration and enforcement.     |
|                              | Therefore, the court cannot modify    |
|                              | the U.S. order in the context of such |
|                              | an action. However, after             |
|                              | registration, the registered order    |
|                              | becomes effective in the same way as  |
|                              | a Polish order. Therefore, after      |
|                              | registration a foreign petitioner may |
|                              | bring an action for modification of   |
|                              | the order in proceedings before a     |
|                              | competent District Court (*Sąd        |
|                              | Rejonowy*). In such a modification    |
|                              | proceeding of a registered foreign    |
|                              | order, the Polish court will apply    |
|                              | the [national]{.underline} law of the |
|                              | child.                                |
+------------------------------+---------------------------------------+
| Will Poland modify its       | Yes. There is no difference in the    |
| existing domestic judgment   | processes used. The U.S. party does   |
| when one of the parties      | not have to personally appear in      |
| resides in the U.S. and will | Poland.                               |
| not return for -- or refuses |                                       |
| to participate in -- the     |                                       |
| proceedings?                 |                                       |
+------------------------------+---------------------------------------+
| Does Polish law require      | No.                                   |
| [automatic]{.underline}      |                                       |
| adjustments (for example,    |                                       |
| based on changes in cost of  |                                       |
| living, or X% every 3 years, |                                       |
| Etc.)?                       |                                       |
+------------------------------+---------------------------------------+
| If yes, are the automatic    | N/A.                                  |
| adjustments considered to be |                                       |
| modifications of the order?  |                                       |
+------------------------------+---------------------------------------+
| Is a new order issued as a   | N/A.                                  |
| result of an automatic       |                                       |
| adjustment?                  |                                       |
+------------------------------+---------------------------------------+
| Is there a minimum or        | No.                                   |
| threshold amount of change   |                                       |
| that must occur before a     |                                       |
| modification is made? (For   |                                       |
| example, the order would     |                                       |
| need to change by 25 dollars |                                       |
| or more, or at least a 10%   |                                       |
| change in the order would be |                                       |
| necessary.)                  |                                       |
+------------------------------+---------------------------------------+
| **COST RECOVERY**            |                                       |
+------------------------------+---------------------------------------+
| What costs, if any, are      | All legal services are provided free  |
| recovered from the custodial | to the U.S. applicant, regardless of  |
| parent?                      | income, both in establishing an order |
|                              | and in enforcing an existing order.   |
|                              | Genetic testing to establish          |
|                              | parentage is also provided free.      |
|                              | However, there is a remote            |
|                              | possibility that if the U.S.          |
|                              | applicant loses the case, he/she may  |
|                              | have to pay the defendant's cost.     |
|                              | While the general rule in Poland is   |
|                              | that the loser pays, this would       |
|                              | likely not be applied in a child      |
|                              | support case unless the court found   |
|                              | some abuse by the U.S. applicant.     |
+------------------------------+---------------------------------------+
| What costs, if any, are      | The cost of genetic testing for       |
| recovered from the           | parentage determination or other      |
| non-custodial parent?        | costs may be assessed against the     |
|                              | responding party appearing in the     |
|                              | jurisdiction.                         |
+------------------------------+---------------------------------------+

***Part E: Bilingual International Forms for Poland***

Bilingual international forms for Poland are presented on the following
pages:

-   Affidavit in Support of Establishing Parentage

-   Affidavit of Direct Payments and Possession

-   Certificate of Enforceability

-   Existing Order Information & Statement of Arrears

-   General Testimony

-   Locate Person/Assets

-   Registration Statement

-   Transmittal & Acknowledgment

-   Uniform Support Petition

*Please note that forms are presented in pdf/jpg format. They are also
available in Microsoft Word. Those interested should contact
<ocseinternational@acf.hhs.gov> for the Word version of the forms.*

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[^1]: Please note, in some old orders the name of the Circuit Courts in
    Polish may be *SAD WOJEWODZK.* That was the former name of the *Sąd
    Okręgowy.* It is possible they also may be translated as "Regional"
    Courts.