Alimony obligations of parents and children
At the international level, several legal instruments, including the Universal Declaration of Human Rights, underscore the need for special protection and care for children, considering their physical and mental immaturity. This protection is deemed essential both before and after birth.
Prioritizing the best interests of the child constitutes a fundamental facet of this special protection. Signatory states to these international agreements fulfill their obligation to safeguard children's well-being through national legislation.
This obligation is an outgrowth of the social responsibilities imposed on parents by the Georgian Civil Code. Within this framework, parents are compelled to provide protection to their minor children, including those with disabilities who require assistance.
According to Article 1212 of the Civil Code, alimony (amount of maintenance) represents the minimum material protection of a person who needs appropriate care.
It is established by law that the first rank persons obliged to pay alimony to each other are both parents and children, as well as spouses.
Moreover, the law defines second-rank issuers (breadwinners): brothers and sisters, grandchildren, disabled grandparents and vice versa; To step-father/step-mother stepchild and to the actual guardian.
In the event that a person does not have a spouse/child, is disabled and is supported by another person, or does not have the actual ability, in such a case, the support is borne by the second-ranked issuers (breadwinners)
Within the realm of parental and child support obligations, it's worth noting that both parents share an equal responsibility to provide for the child, irrespective of whether they are in a registered marriage or not. However, in the established practice within Georgia, the issue of imposing alimony obligations often arises during divorce proceedings. This is because, in such instances, the child typically spends a significant amount of time with one parent, and, in most cases, it becomes the primary duty of the other parent to cover the necessary expenses for the child's upbringing and compensate lack of personal care at least in material way.
Consequently, as per the court's prevailing practice, the obligation to pay alimony is typically imposed on the parent with whom the child does not primarily reside. This arrangement seeks to mitigate the financial burden on the custodial parent and ensure that both parents contribute to the child's well-being, even when they do not share the same residence.
Alimony Calculation
As already mentioned, the duty of parents to provide for their children includes the duty to pay alimony, but the legislator does not establish the maximum amount of alimony to be charged in favor of a minor. The court determines the amount of alimony in each individual case, taking into account the financial and family situation of both the issuer and the recipient.
Thus, the amount of livelihood (alimony) is resoluted in a fair and reasonable manner, taking into account the economic conditions. The person requesting alimony must justify the necessity of the requested amount for the interests of the minor. The alimony to be paid should cover the costs of food, maintenance, tuition fees. In addition, the plaintiff is also required to submit the defendant's income and related evidence to the court. Income means all types of property: real/movable property, dividend, money received as a result of apartment rental, etc. However, in the event that the claimant fails to provide evidence related to income, he has the right to approach the court and request information from various state authorities.
In accordance with the guidance provided by the Supreme Court of Georgia, the primary consideration when addressing the matter of alimony is the best interest of the child. The essential requisites for the child's regular living and upbringing hold principal importance.
In the assessment of the alimony amount, it is imperative to take into account various factors, including the actual financial capacity of the parents, the age and health status of the dependent child, their needs, the number of dependents each parent supports, and other pertinent objective circumstances. Imposing alimony is not merely a formality; it should represent an effective and efficacious measure that genuinely ensures the creation of requisite conditions for the child's development.
Supporting minor children constitutes an unconditional obligation for their parents. Even when an able-bodied parent lacks a stable financial income, they cannot be absolved from the duty of providing for their child.
What happens if the alimony debtor has no income and is insolvent?
When the alimony debtor lacks income and is insolvent, it is a common practice for the court to still impose a minimum alimony amount on the financially incapacitated parent, irrespective of their financial situation. While this may pose challenges in terms of enforcing the court's decision, the imposition of this obligation serves as a future incentive for the alimony payer to meet their obligations once they have the means to do so.
Simultaneously, there exists a voluntary alimony payment system, under which an individual voluntarily provides alimony through an agreement with the other parent. However, in the event that the obligated party does not fulfill this obligation voluntarily, the recipient of alimony reserves the right to initiate legal action at any time to secure the payment of alimony through a court proceeding.
Period of Limitation of Alimony
An individual entitled to claim alimony can initiate legal proceedings to secure its payment through the court at any time, without regard to the duration that has transpired since the right to request alimony originated. However, concerning retroactive compensation, there are legal limitations in place. Specifically, if a person refrains from filing an alimony request for an extended period (assuming one parent has continuously cared for the child during this time), they may request alimony payment for the preceding 3 years only.
The potential for modifying court-determined alimony amounts is outlined in Article 1221 of the Civil Code. To pursue such an adjustment, the party must submit a lawsuit to the court. This recourse is applicable when there is a change in the financial and familial circumstances of the alimony-paying parents, particularly if alimony is prescribed as a fixed amount. In such cases, the court holds the authority, upon request from an interested party, to either decrease or, conversely, increase the established alimony amount if it is convinced that the financial situation of the alimony debtor has improved.
Furthermore, should there be a change in the financial or familial circumstances of either the alimony payer or the alimony recipient after the court has determined the alimony amount, the court is empowered to revise the set alimony amount through legal proceedings. In considering a reduction, it is preferable for the court to ascertain a reasonable alimony amount, which is determined by evaluating the financial condition of the parents and the needs of the child.
Termination of maintenance obligation
The maintenance obligation arising from the agreement of the parties may be terminated by the death of one of the parties, expiry of the agreement or for some other reason provided for in the agreement.
"Other reason" usually refers to an agreement by the parties out of court on certain circumstances. For example, if the subject of the agreement was the tuition fee and the obligation to pay it, in the event that the education process ends/is terminated - this will automatically become the basis for termination of the alimony obligation.
