Child Support from a Parent Living Abroad: what to do under Georgian law

What to do

1. Where to sue: a Georgian court has jurisdiction if the child (the recipient) lives in Georgia (Law of Georgia on Private International Law, Art. 9); the claim may also be filed at the plaintiff's place of residence (CPC, Art. 19); the law of the recipient's country of residence applies (Law on Private International Law, Art. 48). There is no need to travel to the payer's country.
2. Service: documents are sent abroad under the rules of legal assistance, otherwise by registered mail (Law on Private International Law, Art. 65). Keep proof of service: without it, the decision will not be recognised abroad.
3. Enforcement abroad: the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance applies (CPC, Art. 363⁴⁶); it covers children up to the age of 21 (Hague Convention 2007, Art. 2). The route: the application is submitted through the central authority of the applicant's country (Hague Convention 2007, Art. 9); in Georgia this is a unit of the Ministry of Justice (CPC, Art. 363⁴⁶); one may ask for an existing decision to be enforced, or for a new one to be made in the payer's country (Hague Convention 2007, Art. 10); a decision of the recipient's country of residence is recognised, subject to a possible reservation (Hague Convention 2007, Art. 20).
4. Conditions: the requested state provides free legal aid on child support claims (Hague Convention 2007, Art. 15); central authorities charge no fees (Art. 8); legalisation is not required (Art. 41); receipt of the application is acknowledged within 6 weeks (Art. 12); enforcement follows the law of the payer's country (Art. 32); the period for recovering arrears is the longer of the two countries' periods (CPC, Art. 363⁵²).
5. If the country is not a party to the Convention: recognition is under its own law or a treaty. In parallel, the payer's income and property in Georgia can be pursued through the National Bureau of Enforcement (Enforcement Proceedings Law, Art. 25).
6. Where to apply: a Georgian court; Ministry of Justice, the central authority under the Convention; National Bureau of Enforcement.
7. Evidence: birth certificate; the court decision with confirmation that it is in force; the payer's country, address and employer; calculation of arrears; bank account details; proof of service.
8. Traps: hiring a lawyer abroad without first applying to the Ministry of Justice; not checking whether the payer's country is a party to the Convention.

Be sure to check

• a Georgian court has jurisdiction if the child lives in Georgia; the claim is filed at the plaintiff's place of residence and Georgian law applies
• enforcement abroad under the 2007 Hague Convention through Georgia's central authority (Ministry of Justice)
• free legal aid on child support for children up to 21, without legalisation
• seizure of the payer's property and income in Georgia through the National Bureau of Enforcement