Claim for Recovery of Child Support in a Fixed Monetary Amount through Court Proceedings
On 15 August 2009, in accordance with subparagraphs 1) and 2) of paragraph 2 of Article 2 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family,” citizen TAA (hereinafter – the Civil Claimant) registered a marriage with citizen MESH (hereinafter – the Civil Respondent) based on the principles of voluntariness of the marital union and equality of spouses’ rights in the family, and three minor children were born from this marriage:
• ShZhE, date of birth: 21 August 2009;
• ShKЕ, date of birth: 15 November 2011;
• Sh M E, date of birth: 25 November 2016.
Citizen MESH is the father of the minor children, which is confirmed by copies of the birth certificates of the above-mentioned minor children. Pursuant to Articles 46, 47 and 50 of the Code “On Marriage (Matrimony) and Family,” MESH has acknowledged his paternity, and pursuant to the principle of “Equality of Spouses in the Family” provided for by Article 30 of the Code, spouses enjoy equal rights and bear equal responsibilities. Spouses are obliged to build their family relations on the basis of mutual respect and mutual assistance, contribute to the welfare and strengthening of the family, and take care of the health, development and well-being of their children; however, these obligations have been deliberately disregarded by the Respondent for a prolonged period of time.
On the basis of a court order for the recovery of child support, the private bailiff of the city of Shymkent, Baurzhan Meldеkhanuly Bilalov, initiated enforcement proceedings and is enforcing the recovery of child support.
Within the framework of the enforcement proceedings, since 2019, child support payments have been withheld from the Respondent’s official salary. Throughout all these years, his income officially documented has fully corresponded to the minimum wage: initially KZT 44,000, subsequently KZT 60,000, KZT 70,000 and KZT 85,000. Given the changes in the labor market and the level of responsibility of the position actually held by the Respondent, such “stability” of income can only be explained by the employer’s deliberate understatement of official payments and concealment of the actual income.
As a result, the Claimant’s children have been receiving extremely insignificant child support payments: only KZT 14,000 per month for each child, which does not even cover the minimum subsistence level and cannot meet the child’s basic needs, and is insufficient to provide the child with adequate support.
In addition, the Claimant is aware that the Respondent’s actual salary is approximately KZT 1,000,000, which is entirely inconsistent with the official information.
Thus, the Respondent deliberately conceals his actual income while maintaining a high standard of living, whereas the child receives only a symbolic amount of child support intended to meet the child’s needs. Such actions violate Articles 66, 67 and 138 of the Code “On Marriage (Matrimony) and Family,” the principle of equal participation of parents in the maintenance of the child, and place the child in an evidently unequal position, which is contrary both to law and to principles of morality.
Article 141 of the Code “On Marriage (Matrimony) and Family” expressly provides for the possibility of establishing child support in a fixed monetary amount where recovery of child support as a percentage of income does not ensure the interests of the child, creates difficulties, or has lost its practical effectiveness.
Withholding one-half of the Respondent’s artificially understated income defeats the very purpose of the child support obligations and grossly violates the rights of the child, which is also enshrined in Article 27 of the Convention on the Rights of the Child.
Based on the foregoing, the Claimant considers that establishing child support in a fixed monetary amount corresponding to the Respondent’s actual level of income is a fair, lawful and necessary measure.
Pursuant to paragraph 4 of Article 616 of the Tax Code of the Republic of Kazakhstan, claimants filing claims for the recovery of child support in courts are exempt from payment of the state duty. Accordingly, the Claimant is exempt from payment of the state duty.
Based on the foregoing and guided by Article 141 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family,” the Claimant requests the Court to: recover from the Respondent MESH in favor of the Claimant TAA child support in the form of a fixed monetary amount of 100 MCI per month.
On 12 February 2026, the Specialized Interdistrict Court for Juvenile Cases of the City of Shymkent, composed of Presiding Judge A.M. Rustemova, with A. Kozhabayeva, Secretary of the Court Hearing, having considered in an open court hearing civil case No. 5266-25-00-2/8826 on the stated claim,
ESTABLISHED:
The Claimant A.A.T and the Respondent E.Sh.M are the parents of the minor children ShZhE, born on 21 August 2009, ShKЕ, born on 15 November 2011, and ShME, born on 25 November 2016. Pursuant to the decision of the Abai District Court of the City of Shymkent dated 20 November 2020, which entered into legal force, the marriage registered between the parties was dissolved.
Pursuant to the court order of the Abai District Court of the City of Shymkent dated 26 September 2019 No. 5210-19-00-2/6048, child support was recovered from the Respondent B.S. Kydyr in favor of the Claimant A. Asset for the maintenance of the minor children ShZhE, born on 21 August 2009, ShKЕ, born on 15 November 2011, and ShME, born on 25 November 2016, in the amount of one-half (1/2) of his monthly income and/or other income, starting from 24 September 2019.
The Claimant A.A.T filed a claim with the court, stating that since 2019 child support for their common children had been withheld from the Respondent E.Sh.M’s official salary; throughout these years, his income officially documented had fully corresponded to the minimum wage, initially KZT 44,000, subsequently KZT 60,000, KZT 70,000 and KZT 85,000. Given the changes in the labor market and the level of responsibility of the position actually held by E.Sh.M, such “stability” of income could only be explained by the employer’s deliberate understatement of official payments and concealment of the actual income. As a result, A.A.T’s children had been receiving extremely insignificant child support payments, only KZT 14,000 per month for each child, which does not even cover the minimum subsistence level, cannot meet the child’s basic needs, and is insufficient for the child’s adequate maintenance. She further stated that E.Sh.M’s actual salary was approximately KZT 1,000,000, which did not correspond to the official information, and that he was deliberately concealing his actual income. Therefore, she requested that child support in the form of a fixed monetary amount of 100 MCI per month be recovered from E.Sh.M in favor of A.A.T.
The Respondent E.Sh.M submitted objections to the claim, stating that, pursuant to the court order dated 26 September 2019, he had continuously been paying child support in favor of A.A.T for the maintenance of the three children in accordance with the requirements of the law, had not evaded payment of child support, and his financial circumstances did not allow him to pay child support in the claimed amount of 100 MCI. He stated that his current salary was KZT 108,000, and that his employer had promised to increase his salary every 4–5 months. He stated that the allegation that he had other income was untrue, since he was not an individual entrepreneur. He also stated that he informed the bailiff whenever he changed his place of employment, and that the Claimant was also aware thereof. Since there were no grounds for recovering child support in a fixed amount, he requested that the claim be dismissed.
At the court hearing, the Claimant A.A.T supported the claims, referred to the evidence set out therein, and stated that the amount of child support paid by the Respondent was insufficient for anything, that the child support was insufficient to cover living expenses as well as the monthly expenses for the children’s kindergarten and school. She stated that she was employed herself and that her salary was KZT 687,000; however, it was difficult for her alone to support her three minor children and ensure that they had a full life. She therefore requested that the claim be fully satisfied.
At the court hearing, the Claimant’s authorized representative G.T. Sarzhanov supported the claims, referred to the evidence stated therein, and requested that the claim be fully satisfied.
At the court hearing, the Respondent E.Sh.M did not admit the claim, stating that he had divorced the Claimant in 2020, but had been paying child support for their common children since 2019. He stated that his child support arrears amounted to KZT 230,000, his current salary was KZT 108,000, and his employer had promised to increase his salary every 4–5 months. He stated that he had no other income, did not refuse to pay child support for his children, and requested that the claim be dismissed.
The private bailiff B.M. Bilalov stated that the Respondent’s child support arrears amounted to KZT 231,000, that child support was withheld from his salary on a monthly basis, and that no other income had been identified.
Pursuant to Article 139 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family” (hereinafter – the Code), where there is no agreement on the payment of child support, the amount of child support recovered through court proceedings for the maintenance of minor children shall be recovered by the court from their parents on a monthly basis in the following amounts: for one child – one-fourth of the parent’s income and/or other income; for two children – one-third; for three or more children – one-half.
These shares may be reduced or increased by the court, taking into account the financial or family circumstances of the parties and other circumstances deserving attention.
As established by the court, there is a court order for the recovery from E.Sh.M in favor of A.A.T of child support for the maintenance of ShZhE, born on 21 August 2009, ShKЕ, born on 15 November 2011, and ShME, born on 25 November 2016, in the amount of one-half of his income or other income, starting from 24 September 2019.
Pursuant to paragraph 1 of Article 141 of the Code, where there is no agreement between the parents on the payment of child support for minor children and recovery of child support as a percentage of the parent’s earnings and/or other income is impossible, difficult, or substantially infringes upon the interests of one of the parties, the court may determine the amount of child support payable monthly as a fixed monetary amount or simultaneously as a percentage and a fixed monetary amount.
Such cases include recovery of child support from parents having irregular or variable earnings and/or other income, or where the parent receives his or her earnings and/or other income wholly or partially in kind.
Pursuant to paragraph 28 of Regulatory Resolution No. 6 of the Supreme Court of the Republic of Kazakhstan dated 29 November 2019 “On the Application of Legislation by Courts in Considering Cases on the Recovery of Child Support,” in accordance with part seven of Article 240 of the Civil Procedure Code, after a decision under which periodic payments are recovered from the Respondent has entered into legal force, if circumstances affecting the determination of the amount of payments or their duration change, each of the parties has the right to file a new claim seeking to change the amount and periods of the periodic payments.
Recovery of child support for a minor child pursuant to a court decision (court order) as a percentage of the income and/or other income of the child support payer does not prevent the recipient of child support, where the grounds provided for by law exist (Article 141 of the Code), from requesting recovery of child support in a fixed monetary amount and/or simultaneously as a percentage and in a fixed monetary amount.
Pursuant to paragraph 11 of Regulatory Resolution No. 6 of the Supreme Court of the Republic of Kazakhstan dated 29 November 2019 “On the Application of Legislation by Courts in Considering Cases on the Recovery of Child Support,” where the parent obliged to pay child support has irregular or variable earnings and/or other income, or where such parent receives his or her earnings and/or other income wholly or partially in kind or in foreign currency, or has no earnings and/or other income, as well as in other cases where recovery of child support as a percentage of the parent’s earnings and/or other income is impossible, difficult, or substantially infringes upon the interests of one of the parties, the court may determine the amount of child support payable monthly as a fixed monetary amount or simultaneously as a percentage and a fixed monetary amount.
At the court hearing, it was reliably established that the Respondent E.Sh.M worked as an electrical designer at “KazP b ” Limited Liability Partnership and that his monthly salary was KZT 108,000, which was confirmed by a salary certificate.
The amount of the Respondent’s salary has been established, and he has no income in kind or in foreign currency. Calculation of child support as a percentage does not present any difficulty. Therefore, the court considers that there are no objective and lawful grounds for recovering child support in a fixed monetary amount.
Pursuant to paragraph 11 of Regulatory Resolution No. 6 of the Supreme Court of the Republic of Kazakhstan dated 11 July 2003 “On a Court Judgment in Civil Cases,” a judgment may not be based on assumptions concerning the circumstances of the case.
The reason cited by the Claimant, namely that the amount of child support received is small, cannot constitute grounds for determining the amount of monthly child support payable in a fixed monetary amount.
Under the applicable provisions of family law, the award of child support for the maintenance of a minor child in a fixed monetary amount is possible only in the cases expressly provided for by Article 141 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family.”
In view of the absence of the aforementioned circumstances, the court concludes that the claim should be dismissed.
Pursuant to paragraph 2 of Article 48 and paragraph 2 of Article 225 of the Civil Procedure Code, the court may not, on its own initiative, change the subject matter or grounds of the claim. The court resolves the case within the limits of the claims stated by the Claimant.
Based on the foregoing and guided by Articles 223–226 and 229 of the Civil Procedure Code, the court
DECIDED:
To dismiss the claim of T A A against the Respondent M E S with the private bailiff of the city of Shymkent B M B as the third party, for the recovery of child support in a fixed monetary amount.
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