The obligation of child support (alimony) is one of the most important parental duties under Georgian legislation. Divorce or living separately does not exempt a parent from the obligation to provide material support for their child. In Georgia, the amount and method of alimony payment often become subjects of intense dispute. The law does not establish a fixed amount for alimony; it is determined individually, balancing the parent's income and the child's needs. This process requires the correct legal approach to establish a fair amount that ensures the child's normal development while being realistic for the payer. Unfortunately, cases where a parent hides real income or evades payment are common, making the involvement of a qualified lawyer crucial.
Child support claims can cover not only a monthly sum for food and clothing but also additional expenses — education, medical services, sports clubs, and recreation. Specialists presented on Legal.ge assist you in claiming alimony, modifying its amount (increase/decrease), and enforcing payment.
What Does Child Support Service Cover?
Legal services related to alimony are broad and include:
- Claiming Alimony: Preparing and filing a lawsuit demanding child support. This applies to both married and unmarried parents.
- Calculating Alimony Amount: Documentary proof of the child's real needs (school, food, extracurriculars) and researching the respondent parent's income.
- Modification of Alimony: Reviewing an existing court decision to increase or decrease alimony if the parents' financial situation or the child's needs have changed.
- Alimony Agreement: Preparing a notarized agreement out of court, which saves time and costs.
- Debt Enforcement: Working with the Enforcement Bureau if the parent does not pay the awarded amount, including seizing property or restricting travel abroad.
Common Real-World Scenarios
Alimony disputes often develop in the following scenarios:
The first scenario is the "unemployed" parent. Often, the respondent claims they do not work and have no income. However, under judicial practice, unemployment does not exempt a parent from alimony; in such cases, a minimum reasonable amount is imposed, or it is calculated based on potential income.
The second case is hiding income. The parent works unofficially or has a business in someone else's name. A lawyer helps find indirect evidence (e.g., social media, property purchases, bank transfers) to prove the real standard of living.
The third scenario is increasing alimony. An amount of 100-200 GEL awarded years ago no longer covers today's inflation and increased needs. A parent has the right to demand a review of the amount.
The fourth situation involves a parent living abroad. If the payer is an emigrant, collecting alimony becomes difficult, but there are international mechanisms and enforcement routes where a specialist's help is essential.
Georgian Legal Framework and Regulations
Alimony issues are regulated by Georgian civil legislation, which protects the child's right to material well-being:
- Civil Code of Georgia: Article 1212 and subsequent articles establish parents' obligation to support their children. The law stipulates that alimony is determined according to the child's needs and the parent's abilities.
- Law of Georgia on Enforcement Proceedings: Regulates the rules for forced collection of alimony, including registration in the debtors' registry.
- Judicial Practice: Supreme Court interpretations are important when determining the amount of alimony, as a specific formula is not written in the law.
Process and Stages
The process of claiming alimony begins with preparing a budget. The lawyer helps the client list all the child's expenses. Then information is gathered on the respondent's income. The lawsuit is filed in court. During the court hearing, the judge evaluates the arguments of both parties. After the decision is made, a writ of execution is issued. If the parent does not pay voluntarily, the case is transferred to an enforcement agent, who can seize the debtor's accounts or deduct funds from their salary.
Why Legal.ge?
Alimony cases seem simple at first glance, but achieving a real result (receiving money) is difficult if the respondent evades the obligation. On Legal.ge, you will find lawyers who know not only the legal ways to claim alimony but also have experience in uncovering hidden income and managing effective enforcement.
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