An example of an Objection to a Claim for additional alimony from a parent
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To the Al-Farabiysky District Court of Shymkent, South Kazakhstan Region, Judge ______________.
Republic of Kazakhstan, South Kazakhstan region, Shymkent, Mailykozha str., 7.
from the defendant: ______________ IIN: ______________.
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.
Objection
138 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" In your case, there is a civil case against a claim for recovery of additional funds from a parent in the form of alimony for payment in the higher education system. №____________ from __.11.20__ of the year according to the claim ____________ who acts in the interests of her imperfect daughter ____________ ( at the time of filing the Claim, a minor) to ____________ About penalties The parent must provide additional funds in the form of alimony to pay for higher education. Which explains that from 19__ to 20__, she lived together with the defendant ____________, in a civil marriage, as a result of living together, a daughter was born, after which the defendant Sarzhanov N.T., 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 group 2 disability in 2015. Prior to being placed 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 of Atakent, village. Yesentaev, Makhtaralsky district, South Kazakhstan region, Wife ____________, absolutely summer children ____________, ____________, ____________, ____________.
Also, the Plaintiff's arguments that the Plaintiff and her daughter ____________ they constantly visited places of deprivation of liberty where the defendant was located, but they did not find their support since they had never visited and did not show any moral support, and when they reproached the defendant for being a criminal, they sent messages to places through mutual acquaintances deprivation of liberty.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 the 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 and had two children at that time and was ready 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 have also not received Pre-trial pre-trial compensation in order to resolve the dispute 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, 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 ____________ we believe they are unjustified because Parents have equal rights and bear equal responsibilities towards their children and a certificate stating, What ____________ he is indeed studying at the university, however, there is no information 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 If they are not determined 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.We also believe that the plaintiff does not correctly interpret the requirements of art. 144. where indicated, 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 involved by the court to participate in additional costs caused by these circumstances. Which has nothing to do with this civil case.In the Information Letter of the Advisory Council for the Development of a Unified Judicial practice in the Administration of Justice of the Karaganda Regional Court dated __ June 20__, No. __ "On the practice of considering civil cases for the recovery of alimony for minors and adult children", it is recommended: In order to form a uniform judicial practice of considering civil cases related to the recovery of alimony amounts for maintenance of adult children, (since __.12.20__ year ____________ 18 years old) students in the system of general secondary, technical and vocational, post-secondary education, in the system of full-time higher education under the age of 21, as well as disputes about the change The Advisory Council recommends the following before the amount of alimony for minor children established by the court.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, post-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 in a court order 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 by his actions, create civil duties for himself and fulfill them arises in full with the onset of adulthood, i.e. upon reaching the age of eighteen, as can be seen from the materials of the civil case __.12.20__ year ____________ turned 18 years old.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, post-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 of the Republic of Kazakhstan, 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. "___"___________20__ G.
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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