Amendments and clarifications to the statement of claim for the recovery of alimony for the maintenance of the former spouse

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Auezovsky District Court No. 2 of Almaty, Republic of Kazakhstan,

44 "A" Kuanyshbayeva St., 050062, Almaty.

The plaintiff: .............. IIN: .............. 050063, Almaty, md.. .............., D. 9.

Proxy representative: Galymzhan Turlybekovich Sarzhanov

IIN: 850722301036. Almaty, Medeu district,050002,

50 Zhibek Zholy Ave., office 202, Business center Block.

info@zakonpravo.kz / www.zakonpravo.kz + 7 (708) 578 57 58.

The defendant: ...................... IIN ..............

Almaty, md. ...., ul. ............, D. ........., sq. m. 29. +7 777 ...................

Amendments and clarifications to the statement of claim for the recovery of alimony for the maintenance of the former spouse

Q, is there a civil case in your case № .................. dated 03/11/20... of the year on the recovery of alimony for the maintenance of the former spouse. Due to the changed circumstances and guided by the requirements of the CPC RK, the Plaintiff wants to amend and clarify the Claims in part. "07" September 2010 gr. ................, ( Further, the plaintiff) and ......................., ( Then the defendant) entered into marriage. They lived together until December 27, 2017. The joint life of the Plaintiff and the Defendant did not work out, as the Defendant during the marriage constantly humiliated, beat, while intoxicated, exerted moral pressure, insulting honor and dignity with obscenities, etc. Further joint marriage became impossible. In this regard, the Plaintiff filed a Statement of Claim for the dissolution of the marriage in the Auezovsky District Court No. 2 of Almaty and on 13.02.2018 the judge ......................., She satisfied the claim and decided to terminate the marriage between the Plaintiff and the Defendant.

Amendments and clarifications to the statement of claim for the recovery of alimony for the maintenance of the former spouse

They have two imperfect children from a joint marriage.: .......................... Born on June 13, 2011; .......................... Born on February 16, 2016. By Court order dated January 09, 20... of the District Court no.2 Auezovsky district of Almaty upon Application ........................, with ....................., collected in favor of imperfectly summer alimony payments for children in the amount of 1/3 of earnings and/or other income per month from January 04, 2018. To date, the Defendant has a stable permanent income, on average monthly in the amount of ....................... tenge as it works in ........................ The funds received by the defendant are spent by him only for his personal needs, the Plaintiff and the Defendant have no common family budget since December 27, 2017. The plaintiff is unable to provide for himself on his own, since he works in the service sector and does not have a steady income. He wants the best. The Plaintiff's income is within 40 000 – 60 000 tenge, monthly, and the necessary monthly expenses amount to an average of 200,000 tenge, which must be spent on family needs, utilities, food, clothing, transportation and other expenses.  The plaintiff is constantly short on average 130 000 – 150 000 tenge per month. For the entire period of marriage, the Plaintiff did not work, as she carried and cared for children and always gave the Defendant the opportunity to work and earn money to build a career.

Whereas the Plaintiff could also build a career and earn well, using the equal rights of parents to raise children. However, after the Defendant started earning about 2,000,000 tenge per month, he changed over time and began to treat the Plaintiff rudely, which led to the dissolution of the marriage. After that, the Defendant was not financially supported, as a result, the Plaintiff began to work and learn to earn money. The Defendant is aware of the difficult financial situation of the Plaintiff, but does not take any measures. The Plaintiff's requests for financial support were voluntarily ignored. Attempts to conclude an agreement on the payment of alimony failed. The defendant motivates his refusal by saying that he got divorced and lived as best he could. The current cost of living in the Republic of Kazakhstan is 28,284 tenge. The specified amount is established on the basis of the Law of the Republic of Kazakhstan dated November 30, 2017 No. 113-VI "On the Republican Budget for 2018-2020". Based on the financial and marital status of the Parties to the process described above, I ask you to determine the amount of alimony in the amount of 60 monthly calculation indices valid at the time of payment of alimony. According to the Code of the Republic of Kazakhstan On Marriage (Matrimony) and Family, article 148. The right of the former spouse to receive alimony after the dissolution of the marriage (matrimony) is indicated, the right to demand the provision of alimony in court from the former spouse, who has the necessary funds for this, has:

Amendments and clarifications to the statement of claim for the recovery of alimony for the maintenance of the former spouse

1) the former spouse during pregnancy and until the common child reaches the age of three; 2) the needy former spouse who takes care of the common disabled child until he reaches the age of eighteen, as well as in the case of determining the common disabled child upon reaching the age of eighteen disability groups I - II; 3) the disabled needy a former spouse who became disabled before the dissolution of the marriage (matrimony). 2. The amount of alimony and the procedure for granting it to the former spouse after the dissolution of the marriage (matrimony) may be determined by agreement between the former spouses or by a court. Also provided for in article 149. The amount of alimony imposed on spouses and former spouses in court is stipulated In the absence of an agreement between the spouses (former spouses) on the payment of alimony, the amount of alimony imposed on the spouse (former spouse) in court is determined by the court based on the material and marital status of the spouses (former spouses) and other noteworthy interests of the parties as a multiple of the monthly calculation index in effect at the time of alimony payment.

According to the Civil Procedure Code of the Republic of Kazakhstan, Article 48., the plaintiff has the right to change the basis or subject of the claim, increase or decrease the amount of claims or abandon the claim, the defendant has the right to recognize the claim, the parties can end the case with an amicable agreement or an agreement on the settlement of a dispute (conflict) through mediation or an agreement on the settlement of a dispute through a participatory procedures according to the rules provided for in Articles 169, 170, 171 and Chapter 17 of this Code. Also according to article 169.  The plaintiff has the right to change the basis or subject of the claim, to increase or decrease the amount of the claims by submitting a written statement before the end of the preparation of the case for trial or before the court is removed to the conference room, if there is no need for additional procedural actions. A change in the basis or subject of a claim, an increase or decrease in the amount of claims may be filed after compliance with the pre-trial dispute settlement procedure, if such procedure is established by law or provided for by a contract.

Simultaneous or in any sequence, a change in the subject and the basis of the claim means that the plaintiff submits a new claim and the plaintiff rejects the previously filed claim, which entails the termination of proceedings on the previously filed statement of claim. Simultaneous or in any sequence, a change in the subject matter and the basis of the claim is allowed in the case of an agreement on the settlement of a dispute (conflict) through mediation. Amendments and clarifications to the statement of claim for the recovery of alimony Provided for in art. 113, CPC RK., 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. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices.

Based on the above, guided by the Civil Procedure Code of the Republic of Kazakhstan

I ASK THE COURT:

oS ............................... in favor of ............................ to recover the expenses incurred by the Plaintiff to pay for the assistance of a representative in the amount of 50,000 tenge;

Leave the rest of the claims unchanged.

Sincerely, Proxy Representative ______________/ Sarzhanov G.T. "____"___________ the year 2018.

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       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.  

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