English civil law vs Polish civil law

June 3, 2011

Dear Sir or Madam

I am writing to you because I have just received from Child Support Agency decision of my child maintenance case. They have worked out that I should pay £41.00 a week from 23-05-2011 for my daughter. I would like you to help me find solution for my problem which I am describing below.

After I had moved from my ex-wife on 1st December 2008 we both agreed that I would pay £100 a month for my daughter starting from the end of January. That amount was acceptable by my ex-wife. I paid that agreed amount at the end of January. On 27th February 2009 I received from CSA decision of child maintenance, my ex-wife explained then to me that she applied for child maintenance accidentally when she was looking for financial help. At that time I did not decide to appeal against your decision. On 5th August 2009 we had divorce lawsuit in District Court in Kalisz, Poland at which our marriage was dissolved and the court awarded my daughter alimony paid directly to my ex-wife in the amount of PLN500.00 (about £110) per month in advance by the 10th day each month. District Court Judge emphasized the fact that marriage and divorce took place in Poland, we both were polish citizens and alimony’s amount was in polish currency.

The child maintenance amount was acceptable by my ex-wife then, and court took under consideration the fact that we both were living and working in UK and living costs in England. I have sentence’s translation made by Sworn Translator Mr Piotr Adamiak upon request. My ex-wife agreed that she would give me number of her bank account so I could transfer her that money each month. Unfortunately I have never received from her that information but at that time I received from CSA on 3rd September and later on 14th September new decisions with higher amounts of child maintenance.

I once again decided to pay those amounts and did not appeal. Today when I have just received on 25th May 2011 CSA new decision with even higher amount for following year I have to disagree. Right now amount of child maintenance is twice higher then amount in the court’s decision. We both were present on our divorce lawsuit and we had agreement in writing for child maintenance. My ex-wife did not protest even once against it but later she made it impossible for me pay that money when she decided not giving number of her bank account.

I cannot agree with paying those amounts because we have sentence on behalf of the Republic of Poland and as citizens of Poland we should respect that first. I could only suppose that my ex-wife when she was applying for child maintenance in Child Support Agency she did not mention about polish sentence and about that we have had already agreement at that time. Because of that situation I feel cheated and treated unfair because divorce lawsuit was not brought by me, every court’s decision was accepted without any problems by my ex-wife and right now she is using English civil law and Polish civil law however she wants and on her private purpose.

I would like you to advice me is there anything which I could do to bring that agreement legal force and stop paying higher and higher amounts to my ex-wife by CSA.

Yours sincerely,
Mateusz Ciesielski

Comments

3 Responses to “English civil law vs Polish civil law”

  1. Bob on October 3rd, 2011 1:14 pm

    Hi,

    If you have had an agreement set for maintenance by a Polish court, the CSA do not have the authority to override a decision that has been made outside of the UK. The judgement has been made in line with Polish Law, whilst still in Poland and under the provision that the separation has been agreed in Poland.

    The CSA need to be told to keep their noses out otherwise you can claim/seek compensation against them. These claims are becoming more common in the UK with many Polish people coming over here. CSA holds no jurisdiction or ability to overrule a foreign countries decision on agreements on maintenance.

    Sue them!

  2. mrkermit on May 8th, 2012 11:50 am

    How has it finished? Have you made a complain? do you still paying to CSA?

  3. mrkermit on May 9th, 2012 11:03 am

    To Mateusz Ciesielski:
    I would like to speak to you. Please contact me on [email protected]
    Regards

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