The article is devoted to an analysis of the scope of the maintenance obligation of persons serving custodial sentences, from both a dogmatic-legal perspective and a functional perspective. The study examines the impact of incarceration in a penitentiary facility on the ability to discharge the maintenance obligation and on the effectiveness of pursuing and enforcing maintenance claims for the benefit of persons entitled to them. It reconstructs the normative model of the maintenance obligation arising in particular from the provisions of the Family and Guardianship Code and the Code of Civil Procedure, taking into account current trends in case law. The analysis is supplemented with statistical data concerning convicted persons obliged to pay maintenance, their paid employment, and deductions from their remuneration, obtained from the Prison Service. Particular attention is devoted to the relationship between the restriction of the earning capacity of an inmate and the constitutionally protected interests of the child, as well as to the role of the Maintenance Fund (Fundusz Alimentacyjny) as a compensatory instrument in cases of ineffective enforcement. In conclusion, findings about the law as it currently stands are reported and selected suggestions of desired legislative amendments are formulated, the aim of the latter being to increase the effectiveness of the discharge of the maintenance obligation under conditions of penitentiary isolation
You may also start an advanced similarity search for this article.