Non-payment of child support (alimony) in Georgia does not only result in civil liability; willful non-execution of a court decision is a criminal offense. When a parent systematically evades the obligation to support their child despite a court decision entering into force, criminal prosecution may be initiated against them. This process is often complex because the "willful" nature of the non-payment must be proven. Mere lack of funds does not always constitute a crime, but if a person hides income, changes residence, or otherwise obstructs enforcement, they face real punishment, including imprisonment.
Legal Assistance in Child Support Cases
In this category of cases, the lawyer's role is twofold: to protect the accused from unfounded imprisonment and to help the parties resolve the conflict. Services include:
- Analysis of financial status: Proving that non-payment is caused by objective reasons (unemployment, health problems) and not by malicious intent.
- Interaction with the National Bureau of Enforcement: Negotiating a payment schedule redistribution or debt restructuring, which can become grounds for terminating criminal prosecution.
- Court representation: Defense against charges under Article 381, presenting evidence of insolvency.
- Income legalization issues: If the client has unofficial income, the lawyer helps find legal ways to fulfill the obligation without worsening their legal standing.
Typical Situations
Criminal liability arises in specific cases:
- Hiding income: A parent works unofficially or registers property in the name of relatives to avoid paying alimony.
- Fleeing the country: A person attempts to cross the border without paying the debt, which often results in being placed on a wanted list.
- Ignoring warnings: Even after a warning issued by the enforcement police, the person does not pay the amount.
- Objective hardship: A person is willing to pay but has lost their job. In such cases, lawyer involvement is essential so that this is not considered "willful non-execution."