A claim for recovery of the unpaid amount of alimony for the maintenance of minor children
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To the District Court No. 2 of Almaly district of Almaty
plaintiff: A.G. (S.G.A.)
IIN .
547/1 S. ave., Almaty,
183 sq. m., tel. ....
Representative: lawyer Sarzhanov Galymzhan Turlybekovich
Law and Law Law Firm
BIN 201240021767
79/71 Abylai Khan Ave., office 304, Almaty
cell phone: 87085785758
Representative: lawyer Sabit Davletovich Nigmetov
IIN 820125350700
79 Abylai Khan ave., office 313, Almaty
Phone: 87009785755, 87054628284
the defendant: Limited Liability Partnership "Beineu-Shymkent Gas Pipeline"
BIN 110140008803
Almaty, Almaly district, 53 Abylai Khan ave.
Phone: +7 (727) 342 37 15 (office)
fax +7 (727) 342 36 45
the price of the claim: 13,325,292 tenge
THE CLAIM
on the recovery of the unpaid amount of alimony for the maintenance of minor children
On March 03, 2022, the private bailiff (hereinafter CHSI) G.S. Baykushikova accepted the enforcement proceedings initiated on September 21, 2021 for No. 1640/21-75-70 , based on the enforcement document - the court order of the District court No. 2 of the Auezovsky district of Almaty dated September 26, 2017 for No. 7540-17-00-2/7862 on recovery from S.B.K. in favor of S.G.A. alimony for the maintenance of three minor children in the amount of half of earnings and (other) income document monthly, starting from September 21, 2017 and until adulthood.
Earlier, on April 26, 2018, between .B.K. and S.G.A. signed a notarized Agreement, which settled the issue of alimony obligations between the parties. According to article 2 (Alimony obligations) of the above-mentioned Agreement, the subject of this article is the payment of S.B.K. in favor of S. G.A., intended for the maintenance of common minor children: S.A., born on 22.02.2010; S.A., born on 20.04.2007 and S.A., born on 25.07.2004. Saurambaev B.K. undertakes to pay alimony for the maintenance of minor children in the amount, manner and within the time limits established by law and in accordance with Court Order No. 7540-17-00-2/7862 dated September 26, 2017.
A private bailiff found that the debtor, S.B.K., had been working for Beineu-Shymkent Gas Pipeline LLP (hereinafter referred to as the defendant) since March 15, 2014, and the employment contract with S.B.K. was terminated on November 08, 2022. From the moment the enforcement proceedings were initiated, the decision to foreclose on wages and other types of income was sent to Saurambayeva B.K.'s place of work to withhold alimony in the amount of ½ of earnings and (other) income in favor of Saurambayeva G.A.
On December 26, 2020, the defendant received a second enforcement document for withholding alimony from S.B.K. in favor of D.J.M. in the amount of ⅓ earnings and other income.
Simultaneously, Saurambayev B.K. appealed to the court to reduce the amount of alimony, but the decision of the Specialized Interdistrict Juvenile Court of Almaty dated January 25, 2021, denied the claims of Saurambayev B.K. During the trial, the court decided that there were no grounds for reducing the amount of alimony. The said decision of the Specialized Interdistrict Juvenile Court of Almaty dated January 25, 2021 was reviewed by the Judicial Board for Civil Cases of the Almaty City Court and upheld by the decision of April 7, 2021.
However, despite this, the defendant's accounting department, without seeking clarification from the CSI, independently determines the amount and unlawfully deducts 30% of earnings in favor of S.G.A., and according to the second executive document on withholding alimony in favor of D.J.M. in the amount of 20%.
Thus, the Deputy General Director – Chief Accountant of Beineu-Shymkent Gas Pipeline LLP, Sh.S.B., did not ensure the execution of the court decision and the bailiff's order.
For these illegal actions, an employee of Beineu-Shymkent Gas Pipeline LLP, Sh.S.B., was brought to administrative responsibility and found guilty of committing an administrative offense under part 1 of Article 670 of the Code of Administrative Offenses of the Republic of Kazakhstan, according to the resolution of the Specialized Interdistrict Court for Administrative Offenses of Almaty dated January 23, 2023. By the resolution of the Almaty City Court of February 16, 2023, the resolution of the Specialized Interdistrict Court for Administrative Offenses of the city of Almaty of January 23, 2023 regarding S.S.B. was left unchanged.
As a result of the illegal actions of the employee of Beineu-Shymkent Gas Pipeline LLP, Sh.S.B., I did not receive the funds due in accordance with the court order for the recovery of alimony for the maintenance of minor children in the total amount of 13,325,292 tenge, which is confirmed by the decisions of the private bailiff Baikushikova G.S. dated 04/14/2022 and 04/27/2023 on the determination of arrears of alimony payments, resolution dated 06/01/2023 on amendments to the previously issued resolution, as well as payment order No. 238 dated 06/16/2023. and by payment order No. 266 dated 07/17/2023, for which part of the debt in the amount of KZT 6,329,716 was recovered and transferred by a private bailiff in my favor.
Thus, S.S.B., during the performance of his work duties at Beineu-Shymkent Gas Pipeline LLP, caused property damage to me and my minor children in the form of unpaid alimony in the amount of 13,325,292 tenge.
According to article 3 of the Convention on the Rights of the Child, ratified by the Republic of Kazakhstan on June 8, 1994 by the decree of the Supreme Council of the Republic of Kazakhstan:
"1. In all actions concerning children, regardless of whether they are undertaken by public or private institutions dealing with social security issues, courts, administrative or legislative bodies, the best interests of the child are given priority.
The Participating States undertake to provide the child with such protection and care as is necessary for his well-being, taking into account the rights and obligations of his parents, guardians or other persons legally responsible for him, and to this end shall take all appropriate legislative and administrative measures."
According to part 3 of Article 76 of the Constitution of the Republic of Kazakhstan, "Decisions, verdicts and other court rulings are binding throughout the Republic."
According to part 1 of Article 10 of the Law of the Republic of Kazakhstan "On Legal Acts", "The Constitution of the Republic of Kazakhstan has the highest legal force.
According to Article 917 of the Civil Code of the Republic of Kazakhstan:
"1. Damage (property and (or) non-property) caused by unlawful actions (inaction) to property or non-property benefits and rights of citizens and legal entities is subject to compensation by the person who caused the damage in full.
By legislative acts, the obligation to compensate for harm may be imposed on a person who is not the causer, and a higher amount of compensation may also be established."
According to Article 921 of the Civil Code of the Republic of Kazakhstan:
"1. A legal entity or a citizen compensates for the damage caused by its employee in the performance of labor (official, official) duties."
Shabdukarimov S.B. is an employee of Beineu-Shymkent Gas Pipeline LLP, and therefore, the defendant bears the obligation to compensate for damage in the form of unpaid child support.
According to article 76 of the Civil Procedure Code of the Republic of Kazakhstan:
"2. The circumstances established by a court decision or decision that has entered into legal force in a previously considered civil case are binding on the court. Such circumstances are not proven again in other civil cases involving the same persons.
The guilt of a person in committing an administrative offense, established by a court decision that has entered into legal force in the case of an administrative offense, is not proved again when considering the case on the civil consequences of the same offense committed by that person."
In accordance with article 8 of the Civil Procedure Code of the Republic of Kazakhstan, everyone has the right to apply to the court for protection of violated or disputed rights, freedoms or legitimate interests.
According to paragraph 4) of Article 616 of the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget (Tax Code)", plaintiffs are exempt from paying state duty in courts for alimony claims.
Based on the above,
I ASK THE COURT:
- to recover from the Limited Liability Partnership "Beineu-Shymkent Gas Pipeline" in favor of A.G. the unpaid amount of alimony for the maintenance of minor children in the amount of 13,325,292 (thirteen million three hundred twenty-five thousand two hundred ninety-two) tenge.
Application:
a copy of the court order on the recovery of alimony dated 26.09.2017,
a copy of the Agreement dated 04/26/2018,
certificate of birth and change of surname dated 05/16/2023,
marriage annulment certificate,
A copy of the resolution of the Specialized Interdistrict Court for Administrative Offenses of Almaty dated January 23, 2023 in respect of S.B. Shabdukarimov.,
a copy of the decision of the Almaty City Court dated February 16, 2023 regarding Shabdukarimov S.B.,
a copy of the decision of the Specialized Inter-District Juvenile Court of Almaty dated January 25, 2021,
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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