Collecting alimony for the period of study
When collecting alimony for the period of study, it is necessary to be guided by the Law of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" dated December 26, 2011, namely, Chapter 5 "Alimony obligations of parents and children", as well as Article 141 of the specified Code.
As a rule, claims for the recovery of alimony for tuition are filed by persons who are over the age of 18 (adults) due to the need to receive funds to pay for tuition at educational institutions. The plaintiffs point out many reasons for such treatment. These are mainly the dissolution of the parents' marriage, the child's separate residence with the mother from the father, the father's avoidance of the child's financial support, the parents' failure to fulfill their duties, violation of moral norms and the commission of crimes, the entry of the child's mother into a new marriage, and others.
By the decision of the Atbasarsky district Court of the Akmola region, the claim of Roman Matveev against Sergey Matveev for the recovery of funds for maintenance in connection with education was satisfied.
Funds were collected from M.S.Vyacheslavovich in favor of M.R.Sergeevich for his maintenance in the amount of 10 (ten) monthly calculation indices monthly, starting from August 10, 2015, for the period of study at the Municipal State Institution "Industrial and Technical College No. 1, Atbasar city, Atbasar district" in full-time education, but until the achievement of They are about twenty-one years old.
It follows from the circumstances of the case that M.R.S. indicated that on July 12, 2015, he turned 18 years old, and therefore, the recovery of alimony from the defendant, as the father, for his maintenance was discontinued. At the same time, since September 1, 2013, he has been studying full-time at the KSU "Industrial and Technical College No. 1, Atbasar", and the defendant, on the basis of paragraphs 2 of Articles 138 and 141 of the Code of the Republic of Kazakhstan on Marriage (Matrimony) and Family, is obliged to provide him with funds for maintenance. However, he refuses to voluntarily perform these duties, and therefore asks the court to collect funds from him for his maintenance in connection with training in the amount of 10 monthly calculation indices.
The plaintiff supplemented the claim in accordance with art. 49 of the CPC RK and asked to recover the above funds from the defendant on a monthly basis, until graduation from the KSU "Industrial Technical College No. 1, Atbasar."
In accordance with Article 138 of the Code of the Republic of Kazakhstan "On Marriage and (Matrimony) and Family", parents are required to support their minor children. The procedure and form of providing maintenance for minor children are determined by the parents themselves.
If parents voluntarily do not provide funds for the maintenance of their minor children, as well as adult children studying in the system of general secondary, technical and vocational education, after secondary education, in the system of full-time higher education under the age of twenty-one, these funds are recovered from them in court.
According to Articles 141, paragraphs 2,3 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", 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 twenty-one, 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. The amount of a fixed sum of money is determined by the court based on the size of the monthly calculation index to the extent possible to preserve the child's previous level of security, taking into account the financial and marital status of the parties and other circumstances worthy of attention.
Based on the meaning of Articles 138, 141 of the Code, alimony is collected monthly. According to Article 164 of the Code, a person entitled to receive alimony has the right to apply to the court for recovery of alimony, regardless of the period that has expired since the right to alimony arose, if alimony was not paid earlier under an agreement on the payment of alimony. Alimony is awarded from the moment of applying to the court.
The above examples show that upon reaching the age of 18, individuals have the right to independently file lawsuits with the court to recover funds from their parents to pay for education up to the age of 21.
Lawsuits for the recovery of tuition fees must be initiated by adults, and not by their parents, as stipulated by the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" dated December 26, 2011.
The prosecutors did not file any protests in this category of cases.
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