Legal Grounds of the Parental Maintenance Obligation
Article 1212 of the Civil Code of Georgia declares the maintenance of children to be a fundamental obligation of parents: parents are obliged to maintain their minor children. The obligation does not automatically end when the child comes of age. Under the same provision, parents are also obliged to maintain their incapacitated children who need assistance, even after those children have reached majority. Child support claims rest directly on this norm: they determine who may claim the funds necessary for the child's upkeep, from whom, and under what procedure, and they structure the dispute between parents over the amount of alimony. The obligation binds both parents and its performance is dictated by the interests of the child, not by the state of the personal relationship between the parents after divorce or separation.
Determining the Amount: Agreement and Court
The Civil Code sees the first rule for determining the amount of alimony in the mutual agreement of the parents. Under article 1213, the amount of alimony payable for minor or adult incapacitated children is determined by the parents by mutual agreement. If the parents cannot agree on the amount, the dispute is decided by the court — such is the rule of article 1214. The court determines the amount of alimony on the basis of a reasonable and fair assessment, within the limits of the demands necessary for the normal maintenance and upbringing of the child. In determining the amount, the court takes into account the actual material situation of both the parents and the child. The answer is therefore always individual: it depends on the proven incomes, expenses and needs of the particular family, and a figure that is fair in one case may be unfair in another.
Additional Expenses Caused by Special Circumstances
Alimony does not always cover every expense connected with the child. Under article 1215 of the Civil Code, a parent who pays alimony for minor children may also be charged with participation in additional expenses caused by special circumstances — the law expressly names the serious illness of the child and injury causing disability, as well as other special circumstances. Expenses connected with treatment, recovery or comparable serious needs may therefore be imposed on the parent separately from alimony, where the grounds are duly proven. The distribution of such additional expenses is likewise determined either by the agreement of the parents or by a decision of the court, and the claimant should be prepared to document the actual costs and the connection between those costs and the special circumstances relied upon.
Maintenance of a Child Placed under Guardianship or Care
A special rule applies where the child has been placed under guardianship or care. Under article 1216 of the Civil Code, parents may be charged with bearing the maintenance costs of their child transferred to guardianship or care, in accordance with this Code or a decision of the court. Transferring the child to a guardian or a carer does not release the parents from their alimony obligation: the costs of maintenance remain with the parents, while their amount and the procedure of payment are fixed by the Code or by a court decision. In such cases proper documentation of expenses and evidence of the child's actual needs carry particular weight, because the court assesses the reasonable and fair scope of the parents' contribution on the basis of the established facts.
Frequently Asked Questions
Who is obliged to maintain a child?
Parents are obliged to maintain their minor children, as well as their incapacitated children who need assistance. The obligation belongs to both parents and does not depend on the relationship between them.
How is the amount of alimony determined?
The amount of alimony payable for minor or adult incapacitated children is determined by the parents by mutual agreement; failing agreement, the dispute is decided by the court on the basis of a reasonable and fair assessment, within the limits of the demands necessary for the normal maintenance and upbringing of the child.
Is there a fixed percentage formula for alimony?
These provisions of the Civil Code do not establish an exact percentage formula for alimony. The law directs attention to the actual material situation of the parents and the child and sets the criteria of reasonableness, fairness and the necessary demands of the child's normal maintenance and upbringing; the detailed rules on these matters are set by other provisions.
Can additional expenses be claimed from a parent?
Yes. A parent who pays alimony for minor children may be charged with participation in additional expenses caused by special circumstances — the serious illness of the child, injury causing disability and others.
Who bears the maintenance costs of a child under guardianship or care?
Parents may be charged with bearing the maintenance costs of a child transferred to guardianship or care, in accordance with the Civil Code or a decision of the court; the transfer to a guardian or carer does not release them from the obligation.
How We Help on Legal.ge
If no agreement on child support could be reached, or if the amount of alimony, additional expenses or the maintenance of a child placed under guardianship or care requires a judicial solution, the team of Legal.ge will examine your situation through the prism of articles 1212 to 1216 of the Civil Code, help you gather the evidence correctly and formulate a reasoned claim for court. Contact us and we will discuss your specific case together.