A sample Response to a Claim for collecting additional funds from a parent in the form of alimony for payment in the higher education system

 

To the Judge at the Al-Farabi District Court in Shymkent....................

Republic of Kazakhstan, South Kazakhstan region, Shymkent, Mailykozha str., 7

from the defendant: ..............

IIN:.....................

Representative by proxy:

Sarzhanov Galymzhan Turlybekovich

IIN: 850722301036.

Almaty, Medeu district,050002, Zhibek Zholy ave.,

50, office 202, Business center Block.

info@zakonpravo.kz / www.zakonpravo.kz

+ 7 (708) 578 57 58.

 

Objection

to file a claim for collecting additional funds from a parent in the form of alimony for payment in the higher education system by virtue of Article 138 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family"

 Q, is there a civil case in your case №............ from ................. the year of the claim ................. who acts in the interests of her imperfect daughter .................. ( at the time of filing the Claim, a minor) to ..................... about additional penalties from the parent funds in the form of alimony, for payment in the higher education system. Which explains that from 1994 to 2015, gr...................., lived together with the defendant ...................., in in a civil marriage, as a result of living together, a daughter was born, after which the defendant gr.................., acknowledged paternity and gave her his last name and patronymic ....................... The Plaintiff's arguments that the Plaintiff and the defendant lived together from 1994 to 2015 do not enter into any framework, whereas the defendant was taken into custody in 2009 and sentenced in 2015, after which he was released on health grounds (tuberculosis) and invalidity in 2015. Prior to his placement in custody, the defendant was engaged in private business and did not live with the Plaintiff all the time, but from time to time he stopped by as the defendant has his own family living in the rural district ..................., absolutely summer children ...................... Also, the Plaintiff's arguments that the Plaintiff and her daughter gr.................., they constantly visited places of deprivation of liberty where the defendant was located and did not find their support since they had never visited and did not show any moral support, but instead reproached the defendant that he The criminal sent messages to places of imprisonment through general acquaintances. After his release in 2015, the defendant underwent intensive treatment for tuberculosis and spent a long time in hospitals, where the Defendant also did not find moral support for the Plaintiff and his daughter. In early 2016, after intensive treatment, the defendant wanted to visit the Plaintiff, where he intended to see his daughter and establish a relationship where the Plaintiff was not allowed into the house and kicked out, accompanied by obscenities and that they did not need a criminal and an unemployed bisharashka tagda, as in fact the defendant is still unemployed. After the expiration of time, the Plaintiff invited the defendant to a cafe and set the conditions that the defendant should leave his legal family and permanently reside with the plaintiff, (whereas in 1994, the Plaintiff knew that the defendant was married with two children at that time and was in agreement to be the defendant's common-law wife) or disappear from their lives. Having failed to comply with the Plaintiff's demands, the defendant left after which the Plaintiff filed a claim for recovery of alimony until adulthood, for which to this day we have not received Pre-trial compensation in order to settle the dispute in a pre-trial manner and/or conclude an agreement on the payment of alimony. Also, dear Court, in this case, we also did not receive a Pre-trial pre-trial settlement and/or an agreement on the payment of alimony. In accordance with paragraph 1) of Article 279 of the CPC, the court leaves the statement of claim without consideration: if the plaintiff has not complied with the law for this category of cases or the prescribed procedure for pre-trial dispute settlement and the possibility of applying this procedure has not been lost. In this case, the materials of the civil case do not contain notices and notices of Pre-trial pre-trial settlement of the dispute and/or the conclusion of an agreement on the payment of alimony, which was not sent to the defendant, and we believe that this Claim is only vindictive. Also, the Plaintiff's arguments on tuition fees for gr.................., we believe they are not justified because Parents have equal rights and bear equal responsibilities in relation to their children and a certificate stating that gr.................. However, there is no certificate and/or payment order or other document in the materials of the civil case. We also believe that the defendant is not obliged to pay for his studies in full, while the procedure for parents' participation in additional expenses and the amount of these expenses are not determined by by mutual consent, They are determined by the court based on the financial and marital status of the parents, other children and the interests of the parties that deserve attention, and it would be logical to pay for half of the studies. There is also a line in the claim where the amount of tuition fees should be indicated with an attached receipt for tuition fees.

A sample Response to a Claim for additional penalties from a parent

We also believe that the plaintiff misinterprets the requirements of Article 144 of the Code, which states that In the absence of an agreement on the payment of alimony and in the presence of exceptional circumstances (serious illness, injury to minor children or disabled adults in need of assistance, the need to pay for outside care for them and other circumstances), each parent may be brought to court participation in incurring additional expenses caused by these circumstances. Which has nothing to do with this civil case. In the Information Letter The Advisory Council for the Development of a unified judicial practice in the Administration of Justice of the Karaganda Regional Court dated June 6, 2012 No. 10 "On the practice of considering civil cases for the recovery of alimony for minors and adult children" recommended: In order to form a uniform judicial practice of considering civil cases related to the recovery of alimony amounts for the maintenance of adult children, (since 07.12.2017 year gr.................., turned 18 years old) students in the system of general secondary, technical and vocational education, after secondary education, in the system of full-time higher education under the age of 21, as well as disputes about changing the amount of alimony for minor children previously established by the court, the Advisory Council recommends the following. According to paragraph 2 of art. 141 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter referred to as the Code), the collection of maintenance for children studying in the system of general secondary, technical and vocational, after secondary education, in the system of full-time higher education under the age of 21, in the absence of an agreement on the payment of alimony is carried out in court, in a fixed amount of money. When considering this category of cases, the courts need to clearly define the subject of the claim. In accordance with the requirements of art. 17 of the Civil Code, the ability of a citizen to acquire and exercise civil rights by his actions, create civil duties for himself and fulfill them arises in full upon reaching the age of majority, i.e. upon reaching the age of eighteen, as can be seen from the materials of the civil case 07.12.2017 gr.................., turned 18 years old.

A sample Response to a Claim for additional penalties from a parent

It follows from the above that, being a capable citizen, a claim for the recovery of alimony amounts for his maintenance until he reaches the age of 21, provided that he studies in the system of general secondary, technical and vocational education, after secondary education, in the system of full-time higher education, is brought by the adult child himself and/or his representative in accordance with the requirements of the Supreme Court RK, not his parent. In this regard, we consider all the arguments of the plaintiff to be unfounded and refuted by this objection. Based on the above and guided by the Legislation of the Republic of Kazakhstan,

I ask the Court:  

In satisfying the claims of gr. ................. about penalties from ......................., additional funds in the amount of 385,000 tenge in the form of alimony, to be refused for payment in the higher education system.

Sincerely, Proxy Representative:          ________________/Sarzhanov G.T. "___"___________201_ G.

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