Alimony — by Agreement or by Court Decision
Parents are obliged to maintain their minor children, and also their adult children who are incapable of work and need assistance — this duty is fixed by law and admits no release from it. The amount of alimony payable for minor or adult incapable children is determined by the parents by mutual agreement; where the parents fail to agree on the amount, the dispute is decided by the court. Distinguishing these routes is the first step: an agreement is cheaper and faster, but it must have a sound legal form; the court becomes unavoidable when the distance between the positions is wide. We structure the negotiation process so that the agreement holds, and where necessary we move to a court position with a complete evidentiary package. The subject of the negotiation is not the amount alone but the durability of the payment over time as well: the law fixes that in a dispute the amount is determined as a monthly payable sum, and an agreed arrangement should follow the same logic so that the child's maintenance does not become patchy.
How the Court Determines the Amount
The court determines the amount of alimony on the basis of a reasonable and fair assessment, within the limits of the requirements necessary for the normal maintenance and upbringing of the child. In determining the amount, the court takes into account the actual material situation of both the parents and the child. This means that winning the case is the correct proof of material facts: the child's real expenses, the parent's income and obligations, the living conditions of both sides. We assemble this factual picture with documents, calculate a substantiated demand and run it in court so that the numbers speak, not the emotions. What decides the assessment is the material it is built from: the child's real maintenance and upbringing costs, confirmation of the parents' incomes and obligations, the living conditions of both sides — this is the frame within which the court makes its reasonable and fair assessment, and our work is to fill that frame so that nothing remains at the level of conjecture.
Additional Expenses and the Maintenance of a Child under Guardianship
The law extends the alimony framework to additional expenses as well: a parent who pays alimony for minor children may be charged with participation in additional expenses caused by special circumstances — the serious illness of the child, injury causing disability and others. Likewise, parents may be ordered to bear the maintenance costs of a child transferred to guardianship or care, in accordance with the Code or a court decision. Applying these norms requires precise documentation — medical records, diagnoses, confirmation of expenses — and we build that chain of evidence so that the necessity of the additional expense is unambiguous for the court.
The Interim Order and the Monthly Payable Sum
An important practical instrument is the court's power, before the substantive hearing of the case, to issue an order on the recovery of funds for the maintenance of the child, where the respondent is recorded as the child's parent in the corresponding territorial service of the agency according to the procedure established by the Code — this supports the child during the litigation as well. The frame of the amount is set by the following rule: the amount of alimony payable, in every separate case, is determined by the court as a monthly payable sum, taking into account the material and family situation of the payer and the recipient. And where the maintenance of the family is simultaneously the duty of several persons, the court, considering their material and family situations, determines each one's share in the performance of that duty. We structure such demands so that both the interim protection and the final decision are shaped by your position. One further circumstance deserves note: the court takes into account all persons obliged to pay alimony, regardless of whether alimony is claimed from all of them or only from one or several — which means the circle of respondents and their situations must be analysed in advance and fully presented in the case.
Frequently Asked Questions
Below we answer the questions raised most often about the amount of alimony.
Can the parents agree on the amount of alimony themselves?
Yes — the amount of alimony payable for minor or adult incapable children is determined by the parents by mutual agreement. Where no agreement is reached, the dispute is decided by the court.
What does the court look at when determining the amount?
The court determines the amount on the basis of a reasonable and fair assessment, within the requirements necessary for the child's normal maintenance and upbringing, and takes into account the actual material situation of both the parents and the child.
What happens in case of a serious illness?
A parent who pays alimony for minor children may be charged with participation in additional expenses caused by special circumstances — the child's serious illness, injury causing disability and others.
Can alimony be obtained before the case is heard?
Yes — where the respondent is recorded as the child's parent under the procedure established by the Code, the court may issue an order on the recovery of maintenance funds before the substantive hearing.
How We Help on Legal.ge
We conduct the negotiations and draft the agreement, calculate the substantiated sum, prepare the claim and the evidence, request the interim order and represent you at every session. Contact us on Legal.ge — we will assess your material facts and build a position that defends the amount.