Child Support, the Child's Residence and Contact: what to do under Georgian law

What to do

1. Basis and amount: the duty to maintain minor children and children in need who cannot work (CC, Art. 1212). Absent an agreement, the court sets the amount reasonably and fairly, according to the child's needs and the actual circumstances of the parents and the child (CC, Art. 1214). The CC does not set a percentage of income: prove the child's needs and the payer's income.
2. Claim: support is awarded from the date the claim is filed; for the past, up to 3 years, if payment was demanded before the claim and the payer evaded (CC, Art. 1234); the plaintiff is exempt from court costs (CPC, Art. 46); the value of the claim is the payments for 1 year (CPC, Art. 41); jurisdiction also lies at the plaintiff's place of residence (CPC, Art. 19); before the decision, the court may issue an interim order on maintenance, residence and contact (CPC, Art. 355).
3. Modification: if the parents' circumstances change, the court may reduce or increase the support (CC, Art. 1221).
4. Enforcement: under an enforcement writ, arrears are recovered for no more than 3 years before the writ is presented (CC, Art. 1235); the debtor is entered in the debtors' register at the National Bureau of Enforcement immediately (Enforcement Proceedings Law, Art. 19¹); wilful evasion of child support under a court decision is a crime (Criminal Code of Georgia, Art. 176).
5. The child: a dispute over residence is decided by the court in the child's interests; the guardianship authority appoints a representative for the child (CC, Art. 1201); the parent with whom the child lives may not restrict the other parent's rights (CC, Art. 1202); the child's opinion must be heard and taken into account (Code on the Rights of the Child, Art. 5).
6. Travel abroad: a child under 16 may leave with the permission of one legal representative, accompanied by an adult (Exit and Entry Law, Art. 8); a dispute between parents over travel is decided by the court (Exit and Entry Law, Art. 8).
7. Where to apply: district (city) court; enforcement: National Bureau of Enforcement; wilful evasion: application to the police or prosecutor; the guardianship and custody authority (Social Service Agency) takes part in disputes concerning children.
8. Evidence: birth certificate; the payer's income (certificates, statements, information on property); the child's expenses (receipts, treatment, education); proof of demands for payment made before the claim; correspondence about obstacles to contact.
9. Traps: past support is recovered only where demands made before the claim can be proven, so demand in writing; delaying the presentation of the enforcement writ reduces the debt that can be recovered; a ban on contact with the other parent without a court decision is a violation, not protection.

Be sure to check

• how the amount of support is set and from when it is recovered
• exemption of the plaintiff from court costs and jurisdiction at the plaintiff's place of residence
• the child's interests, the child's opinion and the role of the guardianship authority in disputes over residence and contact
• enforcement and criminal liability for wilful evasion