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Changing (reducing) the amount of alimony for minor children
The plaintiff, P-kiy Yu.Yu., filed a lawsuit against the defendants to change the amount of alimony for the maintenance of minor children, pointing out that by order of the Semeysky City Court of 06/22/2015, alimony in the amount of 1/4 of all types of earnings or other income was collected from him in favor of Poy A.V., monthly, for the maintenance of his son.Oho A.Y., born on 05/18/2003. In addition, according to the decision of the Semeysky City Court of 08/19/2015, alimony was also collected from him in favor of Ms. Yu.V. in the amount of 1/4 of all types of earnings or other income, monthly, for the maintenance of Ms. M.Yu.'s daughter. Born on 30.03.2015.
In court proceedings, the amount of alimony established by law may be reduced or increased by the court, taking into account the material or marital status of the parties and other deserving circumstances. A similar provision is contained in paragraph 1 of Article 175 of the above-mentioned Code. At the same time, the law does not contain a specific list of grounds for changing the amount of alimony, therefore this issue should be resolved taking into account the arguments and evidence presented by the parties.
From the meaning of this article, it can be seen that when applying the norms of the article, the interests of the child must be taken into account first of all. In addition, this provision of the law provides for the right of the court, rather than the obligation to reduce the amount of alimony.
The court took into account the fact that the plaintiff had not applied to the court for the cancellation of the court order, stating that he was being charged alimony in the amount of 1/4 of his income by court order for the maintenance of Milana's daughter.
The plaintiff currently has a stable place of work, works as an individual entrepreneur with an income of about 50,000 tenge per month, with a free schedule. The court was critical of the plaintiff's arguments that the court's decision of 08/19/2015 significantly violated his material interests. The plaintiff and the defendant, Mr. A.V., live at the same address, together with their son, Mr. A.Y. The plaintiff participates in the upbringing and maintenance of his child. The plaintiff and the plaintiff's spouse did not dispute this fact. The marriage between Mr. Yu.Y. and Mrs. A.V. has not been dissolved.
Under the established circumstances, the court concluded that the defendant's application for a court order was made to artificially create the basis for this claim, which significantly violates the rights of a minor child, Ms. M.Yu., who lives separately from her father.
Since the plaintiff did not provide evidence indicating his difficult financial situation or other circumstances worthy of attention to substantiate his arguments, taking into account all the factual data, based on the financial and marital status of the parties, the claim was denied.
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