A claim for the recovery of alimony in a fixed amount of money To a Specialized Interdistrict Juvenile Court
To the Specialized Inter-District Court for Cases of
minors of the Almaty region.
from the Plaintiff: N. A. M.
IIN 8……
Almaty, Alatau district, md. Tomiris, St. K.., house ....
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 971 78 58; +7 708 971 78 58.
Defendant: S. D. K.
IIN …
Almaty region, Ili district, village. B.., street. D.., 68.
+7 771 …...
THE CLAIM
on the recovery of alimony in a fixed amount of money
On February 12, 2020, the Zhetysus district court of Almaty, chaired by Judge S. Kanatbaev, issued a court order according to which alimony payments for the maintenance of minor children were collected from S. D. K. (hereinafter referred to as the Defendant) in favor of N. A. M. (Hereinafter referred to as the Plaintiff): K. A. D.s, born on September 22, 2006 and K. A.D., born on July 8, 2009, in the amount of 1/3 of earnings and (or) other income per month, starting from February 11, 2020 and until adulthood.
As part of the enforcement proceedings, alimony has been withheld from the Defendant's official salary at A. LLP since 2020. Throughout the years, his income according to the documents completely coincided with the minimum wage — first 44,000, then 60,000, 70,000, 85,000 tenge. Such "stability" of income levels in a changing labor market and with the high responsibility of the position that the Defendant actually holds cannot be explained otherwise than by the deliberate underestimation of official payments by the employer and concealment of real income.
As a result, the plaintiff's children received negligible amounts of alimony: KZT 6,534 per child per month, which obviously does not cover the cost of living and does not meet the basic needs of the child. After A.'s eldest daughter reaches the age of majority, alimony is withheld in the amount of 1/4 of her earnings — a total of 18,651 tenge per month, which is also not an amount capable of providing a child with decent maintenance.
Meanwhile, the plaintiff is reliably aware that the Defendant actually works as the head of the security service of the holding, which includes A. LLP. The founder of the company is Sh. A. Antonovich, who is also the founder of a large enterprise, Sh. LLP. The defendant himself once informed the plaintiff that his real salary is about 1,200,000 tenge, which is completely at odds with official information. His actual financial situation is also confirmed by other circumstances: The defendant built an apartment building at the address: Almaty region, Ili district, village of Bayserke, D. K. str.,.. It is objectively impossible to build a similar house in a short time on income in the amount of the minimum wage. Additionally, the representative has photo and video materials confirming the Defendant's status in the Shin-Line company.
Thus, the Defendant deliberately hides his real income, ensuring a high standard of living, while his child receives alimony, which is more symbolic in its size than really aimed at meeting the needs of the child. This behavior violates Articles 66, 67 and 138 of the Code on Marriage (Matrimony) and the Family, the principle of equal participation of parents in the maintenance of the child, and also puts the child in obviously unequal conditions, which is unacceptable neither from the standpoint of law nor from the standpoint of morality.
Article 141 of the Marriage (Matrimony) and Family Code explicitly provides for the possibility of collecting alimony in a fixed amount of money if the recovery in equity does not ensure the interests of the child, is difficult or lacks real effectiveness — which fully corresponds to the present case. Withholding 1/4 of an artificially low income destroys the very meaning of alimony obligations and clearly violates the rights of the child, also guaranteed by art. 27 of the Convention on the Rights of the Child.
Considering the above, the plaintiff's representative believes that it is fair, lawful and necessary to establish alimony in a fixed amount of money corresponding to the Defendant's real income level.
According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party.
The Plaintiff and the Law and Law Law Firm concluded an agreement No. 1110/25 dated October 11, 2025 for the provision of legal assistance (hereinafter referred to as the Agreement), according to which the Law and Law Law Firm provides assistance to the Plaintiff in representing interests in the court of first instance in this civil case, and the Plaintiff paid for legal assistance the amount of in the amount of 400,000 tenge.
As stipulated in the Code of the Republic of Kazakhstan on Taxes and Other Mandatory Payments to the Budget (Tax Code), Article 616, paragraph 4, "Exemption from payment of state duty in courts", Plaintiffs are exempt from paying state duty in courts for alimony claims, respectively, in these circumstances of the case, the Plaintiff is exempt from paying state duty in the court.
Based on the above, guided by Article 141 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" and Articles 140, 145-147 of the CPC of the Republic of Kazakhstan,
I ASK THE COURT:
o Collect alimony from the Defendant S. D.K. in favor of the Plaintiff N. A. M. in the form of a fixed monetary amount in the amount of 100 MCI per month;
o Collect from the Defendant S. D. K. in favor of the Plaintiff N. A.M. representation expenses in the amount of 400,000 tenge.
With respect,
Representative by proxy Kenesbek I.M.
Attention!
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