---
title: "Non-Payment of Child Support"
url: "https://legal.ge/en/service/crim-criminal-law-en/non-payment-of-child-support-en"
field: "Criminal Law"
description: "Facing charges for non-payment of child support (Art. 381)? Find experienced defense lawyers in Georgia on Legal.ge to avoid jail."
reviewed: "2026-07-09"
updated: "2026-10-14"
publisher: "legal.ge"
---

# Non-Payment of Child Support

> Source: legal.ge, https://legal.ge/en/service/crim-criminal-law-en/non-payment-of-child-support-en

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."

The full text is available on legal.ge after signing in: https://legal.ge/en/service/crim-criminal-law-en/non-payment-of-child-support-en

### When does criminal liability for non-payment of child support begin?

Article 381 applies when the payment obligation has been established by a court decision that has entered into force and the person evades its execution. A dispute that has not yet produced a final decision does not engage criminal law; the detailed enforcement rules for alimony are set by other provisions of the law.

### What penalty is provided for non-fulfilment of a court decision?

Non-fulfilment of a judgment or other court decision in force is punished by a fine, or community service from one hundred and eighty to two hundred and forty hours, or imprisonment for up to two years. Where the same act is committed by a representative of authority or an official, the penalty is a fine, community service from two hundred and forty to three hundred and sixty hours, or imprisonment from two to four years with deprivation of the right to hold office for up to three years.

### Is the case more serious when an official is involved?

Yes. The second part of the article creates a separate composition carrying a harsher penalty — imprisonment from two to four years with deprivation of the right to hold an official position or carry out an activity for up to three years — reflecting the gravity of using state authority to influence the judiciary.

### How does the victim prove non-fulfilment?

The article itself does not prescribe a detailed evidentiary procedure. What must be established is the existence of a decision in force, the fact of its non-fulfilment and the link between the accused's conduct and that fact; experienced counsel matters for both sides in answering these questions.

### What does a Legal.ge consultation give you?

We analyse the decision, assess the factual side of the alleged non-fulfilment, identify the criminal risks and represent your interests — whether you are the victim or the accused. The strategy is always built on the documents of your specific case.

### Where is the arrears itself recovered if a criminal case is going forward?

On the civil track — within the service "Recovery of Alimony Arrears": calculation of the debt, the claim for past periods and enforcement; it complements the criminal process rather than replacing it.