Unpaid Child Support: Enforcement and Arrears: what to do under Georgian law

What to do

1. Period: arrears under an enforcement writ may be recovered for no more than 3 years before the writ is presented (Civil Code of Georgia (CC), Art. 1235), so present it immediately. Exception: if the writ was presented but the debtor was being searched for, the whole period is recoverable, without regard to limitation or to the age of majority (CC, Art. 1235).
2. Document: a court decision (the court may order a child support decision to be enforced immediately (Civil Procedure Code of Georgia (CPC), Art. 268)), or, under a notarised agreement, a writ issued by a notary (Law of Georgia on Notaries, Art. 40). Enforcement then begins on the creditor's written application and the enforcement writ (Law of Georgia on Enforcement Proceedings, Art. 25), at any Bureau office.
3. Measures of the Bureau: the debtor is entered in the debtors' register immediately (Enforcement Proceedings Law, Art. 19¹); the bank freezes his accounts up to the amount of the debt, and the sale of cars and real estate is blocked (Art. 19²); recovery is directed at property, salary, pension and other income (Art. 17); child support is a first-priority claim (Art. 82³).
4. Calculation: a fixed sum multiplied by the unpaid months; otherwise the debt is calculated from the debtor's actual income for the period of non-payment (CC, Art. 1236); if he did not work and did not provide documents, it is calculated from his income at the time of recovery (CC, Art. 1236). Only a court can release the debtor from the debt or reduce it, for example for illness or another valid reason (CC, Art. 1237).
5. No assets or concealment: the 10-year limit on enforcement does not apply to child support (Enforcement Proceedings Law, Art. 34); where there are no assets, the writ is not returned after 2 years (Art. 35); a debtor who is hiding is searched for by the police on a court order (Art. 30); a wanted person may be refused a passport and the right to leave the country; there is no special exit ban for those who owe child support (Law of Georgia on the Rules of Exit from and Entry into Georgia for Citizens of Georgia, Art. 10).
6. Criminal route: wilful evasion of child support under a court decision is a crime (Criminal Code of Georgia, Art. 176); a complaint may be filed with the police in parallel with enforcement.
7. Where to apply: National Bureau of Enforcement (აღსრულების ეროვნული ბიურო) for enforcement; court or notary for issuing the writ; police in cases of wilful evasion.
8. Evidence: the decision (in force or enforceable immediately) or the notarised agreement; the enforcement writ; payment statements; information on the debtor's employment and property.
9. Traps: keeping the writ for years, after which the old debt lapses; believing “he doesn't work, so there is no debt”; expecting Russian FSSP-style procedures, a penalty for late child support, or deprivation of rights for non-payment, none of which are provided for in Georgia; cash payments without a receipt.

Be sure to check

• present the enforcement writ to the National Bureau of Enforcement on the creditor's application
• arrears under the writ go back no more than 3 years before presentation (exception: search for the debtor)
• how arrears are calculated (actual income; if not working, income at the time of recovery; reduction only by court)
• debtors' register, freezing of accounts, recovery from salary and property; child support is a first-priority claim
• criminal liability for wilful evasion