What if the debtor has no official salary?

If the debtor lacks a registered salary, the enforcer will freeze their bank accounts and seize their property. Lack of formal income does not cancel the alimony obligation; the debt simply accumulates as arrears every month.

Can a debtor be banned from traveling abroad?

Yes. In Georgia, if a debtor maliciously evades alimony payments, the enforcer, upon the creditor's request, can apply to the court to impose a travel ban restricting the debtor from leaving the country.

Is not paying alimony a crime in Georgia?

Yes. Malicious and persistent evasion of alimony payments is a criminal offense under the Georgian Criminal Code, punishable by fines, community service, or even imprisonment.

Alimony Payment Enforcement in Georgia | legal.ge

Importance of Alimony Enforcement

The enforcement of alimony payments is one of the most sensitive and prioritized areas of family law and enforcement proceedings. When a court establishes an obligation to pay alimony for a minor child, an incapacitated spouse, or a parent, it implies that this amount is vital for fulfilling their daily needs. Despite a court decision, debtors often evade paying alimony for various reasons: they hide their real income, work in the informal sector, or transfer their property to other people's names. In such cases, the timely and effective use of forced enforcement mechanisms is critically important to ensure the well-being of the child and other entitled persons.

What the Alimony Enforcement Service Includes

The service begins with initiating enforcement proceedings based on the writ of execution issued by the court. The service includes a comprehensive investigation of the debtor's financial situation: determining their official place of employment, placing a garnishment on their salary, and ensuring the monthly deduction of current alimony. In the event that the debtor has accumulated alimony arrears, the service covers the search for their real estate and movable property, placing a lien on them, and selling them at auction to cover the debt. Furthermore, lawyers assist the creditor (the alimony recipient) in utilizing coercive measures, such as restricting the debtor's right to leave the country or, in extreme cases, raising the issue of criminal liability for stubbornly evading alimony payments.

Specifics of Alimony and Common Problems

Alimony cases primarily concern the maintenance of minor children. The main problem encountered during the enforcement process is the concealment of official income by the debtor. For example, the debtor might work as a craftsman, driver, or in another position where they receive payment in cash, without any bank transfers. In such times, it is difficult for the enforcer to deduct the funds. The involvement of a professional lawyer implies searching for alternative evidence regarding the debtor's real standard of living and compelling the enforcer to use the property attachment mechanism despite the apparent lack of income. Alimony is a periodic payment, which means that enforcement proceedings continue for years, until the child reaches the age of majority.

Georgian Legislation on Alimony

The Civil Code of Georgia clearly defines the obligation of parents to support their children. The Law of Georgia on Enforcement Proceedings grants a privileged status to alimony claims. Specifically, when deducting funds from a salary, while for a regular debt a maximum of 50% of the salary can be deducted, for alimony, this limit can be higher to ensure the child's interests. Additionally, in alimony recovery cases, the creditor (the parent representing the child) is exempt from paying the enforcement fee in advance, which is a significant relief. If the debtor stubbornly evades payment, the Criminal Code of Georgia provides for penalties, including imprisonment, which often acts as the most effective preventive mechanism.

Stages of Enforcement and Coercive Measures

The process begins with submitting the writ of execution to the National Bureau of Enforcement or a private enforcer. After registration, a warning is sent to the debtor. Once the voluntary compliance period expires, the enforcer contacts the employer (if any) and obliges them to deduct the alimony amount from the debtor's monthly salary and transfer it to the creditor's account. Simultaneously, a freeze is placed on the debtor's personal bank accounts. If the debtor has accumulated arrears, their vehicle, real estate, or other assets are searched for and attached. To secure the alimony claim, the enforcer can also apply to the court to suspend the validity of the debtor's identification documents or impose a travel ban across the border if other measures have yielded no results.

The Role of a Lawyer in Alimony Disputes

Alimony enforcement requires continuous monitoring because debtors may frequently change jobs, close old accounts and open new ones, or otherwise try to evade the process. The lawyer is the person who is in constant contact with the enforcer, provides them with updated information about the debtor, and does not allow the case to be shelved. The lawyer prepares all necessary motions, requests the imposition of additional restrictions, and monitors that the monthly deductions are carried out smoothly. In difficult cases, the lawyer prepares materials to be sent to the prosecutor's office to initiate an investigation into the fact of evading alimony payments.

Find a Family Law Specialist on legal.ge

Protecting the rights of a child and ensuring their proper maintenance is a matter of vital importance. Do not tolerate injustice if your former spouse is evading alimony payments. Legal.ge is a reliable platform in Georgia where you can easily find experienced lawyers specializing in family and enforcement law. Our directory allows you to review the qualifications of each professional and contact those who will help you navigate the complex process of forced alimony enforcement. Legal.ge is not a law firm; we are the bridge between you and highly qualified lawyers. Contact a specialist today and secure your child's financial well-being.