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."
Georgian Legislation
Criminal liability for non-payment of alimony is provided for by Article 381 of the Criminal Code of Georgia (Non-execution of a judgement or other court decision). This article is used after civil enforcement means (regulated by the Law on "Enforcement Proceedings") have been exhausted. In practice, the initiation of a criminal case is preceded by a warning from the National Bureau of Enforcement. If the person fails to fulfill the obligation even after the warning, the case is transferred to the prosecutor's office. Lawyers also use the Civil Code of Georgia to reduce the amount of alimony if the parent's financial situation has changed.
Process Stages
Working with a lawyer involves the following stages:
- Case Study: Reviewing enforcement proceeding materials and determining the exact amount of debt.
- Negotiation: Attempting to reach an agreement with the other party (the alimony recipient) on phased debt repayment.
- Investigative Actions: If a case is initiated, the lawyer participates in interrogations and presents evidence of insolvency.
- Court: Defense during the trial, where the goal is an acquittal or a non-custodial sentence (e.g., community service).
Why Legal.ge?
Criminal prosecution for non-payment of alimony is a serious problem that requires the involvement of an experienced lawyer. Legal.ge gives you access to lawyers who understand the nuances of both family and criminal law. Through our platform, you will be able to find a way out of a difficult financial and legal situation. Find your defender on Legal.ge.
Updated: ...