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With Effort of the Consultant Irine Barbakadze, Child Will Receive Alimony

The LAS Mtsketa-Mtianeti Bureau consultant, Irine Barbakadze rendered legal aid to the socially vulnerable Tsiriko M. in dispute regarding alimony in courts of both instances.

With the effort of Irine Barbakadze, on the basis of the decision of the court of first instance the lawsuit of Tsiriko M. was satisfied and her ex-husband was obliged to pay alimony in the amount of 150 GEL in favor of their minor child. However, the defense party appealed the decision of the court of first instance to the upper instance court. That’s why Irine Barbakadze continued to render legal aid to Tsiriko M. at the Appellate Court too.

In the appeal, the father of the child demanded to decrease amount of the alimony from 150 to 80 GEL. He grounded his position with the facts that he had second family and had a newborn child who also needed material support from the father.

The LAS consultant, Irine Barbakadze drafted a counter lawsuit in which she described lawfulness and fairness of the court’s decision. The focus was made on the circumstance that in fact the father of the child refused to perform duties of a parent and did not communicate with his child. The counter lawsuit showed a new source of income of the father. In particular, he had bought a truck and rented it.

Besides the above-mentioned, Irine Barbakadze indicated the main counter argument: as it turned out, the appellate court was not eligible to receive the complaint of the father of the child as it did not reach the admissibility criteria (value of the disputed object did not exceed 1000 GEL).

Finally, the court of appeal left the complaint unexamined. The decision of the court of first instance, according to which the child of Tsiriko M. would receive alimony in the amount of 150 GEL, remained in force.