Article 99. The procedure for collecting alimony in the absence of the debtor's salary The Law on Enforcement Proceedings and the Status of Bailiffs
1. If it is impossible to collect alimony payments from wages or other income within three months, the bailiff shall issue a resolution on determining the debt and take measures to ensure the execution of enforcement documents in accordance with Article 32 of this Law and foreclose on the debtor's property, except for property that cannot be foreclosed on in accordance with Article 61 of this Law..
The bailiff issues a resolution on foreclosure on property.
The bailiff determines the alimony arrears on a quarterly basis.
The bailiff, within three working days after determining the debt, sends the resolution to the parties to the enforcement proceedings for review.
1-1. Upon repayment of the debt, the measures taken to ensure the execution of enforcement documents are subject to cancellation.
2. The amount of alimony arrears is determined by the bailiff at the place of execution of the decision based on the actual salary (income) received by the debtor during the time during which the recovery was not carried out.
3. If the debtor did not work during this period or documents confirming his salary and other income have not been submitted, monthly payments and (or) alimony arrears are determined based on the average monthly salary in the Republic of Kazakhstan at the time of debt collection.
For debtors who are persons with disabilities, monthly payments or alimony arrears are determined from their monthly wages and other income, and if they do not work, from monthly allowances and (or) social benefits paid from budgetary funds and (or) the State Social Insurance Fund.
4. In case of arrears of alimony due to the debtor's evasion from paying them, a penalty is charged for the amount of the debt in accordance with paragraph 1 of Article 171 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family".
The Law of the Republic of Kazakhstan dated April 2, 2010 No. 261-IV.
President
Republic of Kazakhstan
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