A sample Response to a claim for the recovery of alimony for the maintenance of an underage year-old child until adulthood
To the Al-Farabiysky District Court of Shymkent, South Kazakhstan region,
To the judge ...................
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.
Response to the Statement of Claim
on the recovery of alimony for the maintenance of an underage child until adulthood
Q, is there a civil case in your case №............. from 02.11.201........ of the year according to the claim of gr. ..............., who acts in the interests of her 13-year-old daughter gr. ..............., to gr. ..............., on the recovery of alimony for the maintenance of an underage year old child until adulthood. Which explains that from 1994 to 2015, gr. ..............., lived together with the defendant gr. ..............., 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 surname and patronymic gr. ...............,.
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 sentenced and imprisoned in 2009. Released for health reasons (tuberculosis) disability in 2015. Prior to his incarceration, the defendant was engaged in private transportation and did not live with the Plaintiff all the time, but from time to time he stopped by because the defendant has his own family living in the rural district of Atakent, village. ......, ............ district, gr. ..............., perfectly summer children gr. ...............,. gr. ..............., gr. …………..., 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, whereas in reality the defendant is still unemployed.
A sample Response to a claim for the recovery of alimony for the maintenance of an underage year-old child until adulthood
After the expiration of time, the Plaintiff invited the defendant to a cafe and set 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 minor children at that time and was in agreement to be the defendant's common-law wife) or disappear from their lives. Having disagreed 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 a judicial appeal in order to settle the dispute in court and/or conclude an agreement on the payment of alimony.
Also, dear Court, in this case, we also did not receive Prior judicial assistance in order to resolve the dispute in a pre-trial manner and/or conclude 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, there are no notices or notices of Pre-trial harassment in the materials of the civil case in order to settle the dispute pre-trial and/or conclude an agreement on the payment of alimony, which was not sent to the defendant, and we believe that this Claim is only vindictive.
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 Article 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 alimony payments are made 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 Article 17 of the Civil Code, a citizen's ability to acquire and exercise civil rights, 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.
A sample Response to a claim for the recovery of alimony for the maintenance of an underage year-old child until adulthood
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 not by his parent. When considering cases related to changes in the amount of alimony for minor children previously established by the court, the courts must take into account the following.
In accordance with paragraph 1 of Article 139 of the Code, in the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: one quarter for one child, one third for two children, and half of the earnings and (or) other income of the parents for three or more children. By setting the maximum amount of deductions from the debtor's salary for the maintenance of several children, the legislator proceeded from the fact that each child should receive equal maintenance. It follows from the above that, being a capable citizen, a claim for the recovery of alimony amounts for their maintenance until they reach the age of 21 is brought by the adult child and/or his representative in accordance with the requirements of the Supreme Court of the Republic of Kazakhstan, and not by 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:
To satisfy the claims of gr. ..............., about collecting from gr. ..............., to refuse alimony for the maintenance of an underage child until adulthood.
Sincerely, Proxy Representative: ________________/Sarzhanov G.T. "___"___________201.. the year
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