Collection of additional expenses for the maintenance of minor children or disabled adults in need of assistance

 

Article 138 of the Code "On Marriage (Matrimony) and the Family" provides for the duties of parents for the maintenance of minor children.

It follows from this rule that parents are required to support their minor children. The procedure and form of providing maintenance for minor children are determined by the parents themselves.

Parents have the right to conclude an agreement on 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 (an agreement on the payment of alimony).

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.

In the absence of an agreement between the parents on the payment of alimony, if maintenance is not provided to minor children and if a claim is not filed with the court, the body performing the functions of guardianship or guardianship has the right to file a claim for the recovery of alimony for minor children against their parents.

The amount of alimony collected for the maintenance of minor children is regulated by article 139 of the said Code.

In the absence of an agreement, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: one quarter for one child, one third for two children, and half of the parents' earnings and (or) other income for three or more children.

The size of these shares may be reduced or increased by the court, taking into account the material or marital status of the parties and other circumstances worthy of attention.

In most cases, the grounds for refusing to collect alimony are the existence of a court order to collect alimony that has not been canceled and is legally binding.

Thus, the Zhetysu District Court of Almaty denied the claim of Mr. R.T. to Mr. J.M. for the recovery of additional expenses for the maintenance of children due to the lack of evidence of the plaintiff's arguments.

In accordance with the provisions of paragraph 1 of Article 144 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", 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 incurring additional expenses caused by these circumstances.

It follows from the circumstances of the case that by the decision of the Zhetysu District Court of Almaty dated 13.01.2014, the marriage registered between the parties was dissolved, the place of residence of their minor children was determined by the place of residence of the mother. By a court order of the Zhetysu District Court of Almaty dated 11/15/2013, alimony payments for the maintenance of minor children in the amount of 1/3 of earnings and other income per month are collected from the defendant in favor of the plaintiff. ½ part of apartment no. ---house no. --- in the mkr. Kulager, Almaty, according to the decision of the Zhetysu district Court. Almaty dated 08/12/2014 belongs to the plaintiff.

It follows from the explanations of the parties that the eldest of the children is A–na's daughter, born on July 18, 2003, who has actually been living with her father since November 2014. The defendant shall independently bear all expenses related to the upbringing, development and growth of the child. The defendant himself pays monthly payments on two loans to the bank received by the former spouses during the marriage, although 1/2 of this apartment belongs to the plaintiff.

Under the circumstances, the court considered the plaintiff's demands to recover from the defendant part of the expenses spent on renting an apartment, for babysitting and tutoring services, as well as for paying for a kindergarten, to be unfounded, since the plaintiff has the right to own and use part of her apartment without renting an apartment, to coordinate with the defendant, who has the same rights. the rights of a parent in relation to children when deciding on the hiring of a nanny, tutor and kindergarten. In addition, there are no exceptional circumstances.: serious illness, injury to minor children or disabled adults who need the help of children, the need to pay for outside care for them, and other circumstances.

Another example is that Dr. E.A. appealed to the court to B.V.G., Zhetysu District No. 1 of the Department for the Enforcement of Judicial Acts of Almaty for exemption from payment of child support arrears by B.T.V., born on 08.01.2003, for the period from 05/20/2013 to 08/01/2014, in in the amount of 368,415 tenge due to the fact that she is a single mother with a difficult financial situation and has a young child. The claim was denied by the District Court No. 2 of Almaly district of Almaty due to the groundlessness of the claims, with reference to art. 169 Part 4 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony).

The court also explained to the plaintiff about her right to apply to the court for a change in the amount of alimony previously established by the court on the basis of Articles 139, 175 of the Marriage (Matrimony) and Family Code.

In accordance with paragraph 2 of Article 176 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", the payment of alimony collected in court is terminated: upon the child reaching the age of majority or in the case of minor children acquiring full legal capacity before they reach the age of majority or the age specified in the agreement on the payment of alimony; 2) upon adoption of a child for the maintenance of which alimony was collected; 3) upon recognition by the court of the restoration of the ability to work or the termination of the need for assistance from the recipient of alimony; 4) upon the entry of a disabled former alimony recipient spouse into a new marriage (matrimony); 5) upon the death of the person receiving alimony or the person who is required to pay alimony.

By virtue of Article 149 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", in the absence of an agreement between the spouses (former spouses) on the payment of alimony, the amount of alimony levied on the spouse (former spouse) in court is determined by the court based on the financial and marital status of the spouses (former spouses) and other deserving attention to the interests of the parties, as a multiple of the monthly calculation index in effect at the time of alimony payment.

Alimony can be collected only in the absence of the financial support of the due person. The filing of a claim for the recovery of alimony from the defendant, who provides financial assistance for the subsequent reduction of the amount of other alimony, indicates the unfair use by the plaintiff of his procedural right and the use of the right against his appointment, which is a violation of the above-mentioned norms and grounds for rejecting the claim.

 

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. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases