Studia Prawnicze. Rozprawy i Materiały / Studies in Law: Research Papers

Abstract

The article addresses the trend toward algorithmization of child support proceedings, which aims to standardize child support rates through the creation of official tariffs and the resulting simplification of the proceedings. A further step could be the introduction of  rtificial intelligence-based algorithms to assist judges in assessing the personal and financial circumstances of the parties to child support proceedings, or the complete dejudicialization of these proceedings. The research question is therefore whether this direction of change is justified and what opportunities and threats it may entail. The aim of the study is the analysis of existing legislative proposals, based on the formal-dogmatic method, as well as the possible consequences of the deepening trend of algorithmization in child support awarding, and to present de lege ferenda proposals. As a result of her deliberations, the author concludes that the trend of algorithmization in child support cases may be dangerous, as the principle of the best interests of the child would require the greatest possible individualization of decisions based on the circumstances of a specific case, rather than standardization and rigidity of payment rates based on official tariffs. Algorithmization will also not solve the fundamental problem of the low effectiveness of alimony enforcement. More equitable and more beneficial outcomes for the parties would be achieved by promoting consensual methods of resolving alimony disputes, in which alimony tariffs could serve only as a supporting tool, serving as a starting point for negotiations or mediation.