Being awarded alimony by a court is only half the battle. The most difficult stage is often the actual enforcement of this decision. Unfortunately, many parents evade their payment obligations: hiding income, working unofficially, or moving abroad. Alimony enforcement is a legal procedure aimed at compelling the debtor to comply with the court decision. In Georgia, this function is performed by the National Bureau of Enforcement and private enforcement agents, but the effectiveness of the process often depends on the activity of the creditor (alimony recipient) and correct legal steps. The state has many levers against non-compliant payers, but activating them requires procedural knowledge.
Forced enforcement does not only mean wage garnishment. It includes asset seizure, auction sales, freezing bank accounts, and even restricting border crossing. Legal.ge allows you to find specialists who will help you initiate enforcement proceedings and control the process so that your child receives the material support they are entitled to.
What Does Alimony Enforcement Service Cover?
This service covers all stages from receiving the court decision to the transfer of funds:
- Obtaining Writ of Execution: Requesting the writ from the court and submitting it to the Enforcement Bureau.
- Communication with Enforcement Agent: Constant monitoring of the case, submitting motions requesting acceleration measures.
- Asset Tracing: Locating and seizing the debtor's registered property (real estate, cars) and bank accounts.
- Imposing Restrictions: Requesting that the debtor be banned from traveling abroad, carrying weapons, or having their driver's license suspended until the debt is paid.
- Debtors' Registry: Registering the debtor in the debtors' registry, which restricts their financial transactions and ability to get loans.
Common Real-World Scenarios
Enforcement problems often arise in the following scenarios:
The first scenario is "Unofficial Income." The father works for cash and has no money in the bank. In this case, the lawyer works with the enforcement agent to seize his property (car, land) or indirectly prove income.
The second case is hiding assets. The debtor tries to transfer property to relatives. The lawyer helps the creditor void these transactions and return the property for enforcement purposes.
The third scenario is emigration. The debtor is abroad. If they have property left in Georgia, enforcement will target that property. If not, international enforcement mechanisms (under the Hague Convention) can be activated, which is a complex but possible process.
The fourth situation is small transfers. The debtor transfers 10-20 GEL per month to avoid being considered "maliciously evading." The lawyer will help you prove that this is not fulfillment of the obligation and demand forced measures.
Georgian Legal Framework and Regulations
Alimony enforcement is regulated by special legislation:
- Law on Enforcement Proceedings: Defines enforcement rules, coercive measures, and the authority of the enforcement agent.
- Civil Code: Establishes the priority of alimony obligations over other debts.
- Criminal Code (Article 381): Provides for criminal liability (including imprisonment) for non-compliance with a court decision.
Process and Stages
After the court issues the writ of execution, the creditor applies to the Enforcement Bureau. The agent gives the debtor 7 days for voluntary compliance. If payment is not made, forced enforcement begins: accounts and property are seized. If the salary is fixed, a request is sent to the employer to deduct funds. If no property is found, restrictions (border crossing) may be imposed. In extreme cases, the case is transferred to the Prosecutor's Office to initiate criminal prosecution.
Why Legal.ge?
Alimony enforcement often drags on for years due to bureaucracy. On Legal.ge, you will find lawyers who know how to "move" stalled cases and force the system to work for your child's interests. Do not let the debtor break the law with impunity.
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