Court Case on the Recovery of Child Support in a Fixed Monetary Amount

 

On April 3, 2026, the Specialized Inter-District Court for Juvenile Cases of the Almaty Region, composed of Presiding Judge O.Zh. Sakaulova, with the participation of Court Session Secretary A. Bolatkhanqyzy, considered in an open court hearing, with audio and video recording conducted via videoconferencing, civil case No. 1996-25-00-2/7170 upon the claim of N.A.M. against the defendant S.D.K. for the recovery of child support in a fixed monetary amount.

The parties have a minor child, K.A.D., born on July 8, 2009.

By a court order of the Zhetysu District Court of Almaty dated February 12, 2020, child support was recovered from S.D.K. in favor of N.A.M. for the maintenance of the minor children: K.A.D., born on September 22, 2006, and K.A.D., born on July 8, 2009, in the amount of 1/3 of his earnings and/or other income on a monthly basis, until they reached the age of majority.

There are no arrears in child support payments.

The claim is based on the fact that, after the elder daughter K.A.D. reached the age of majority, child support is withheld in the amount of ¼ of the defendant's earnings, which amounts to KZT 18,651 per month. This amount is insufficient to provide the child with adequate maintenance.

At the court hearing, the claimant's representative, I.M. Kenesbek, supported the claims and requested that the court recover child support in a fixed monetary amount of 100 MCI until the child reaches the age of majority.

At the court hearing, the defendant S.D.K. did not admit the claim, explaining to the court that he is officially employed, pays child support every month, and also assists in supporting the children by purchasing clothing and other necessities for them.

Pursuant to Article 141 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family” (hereinafter – the Code), in the absence of an agreement between the parents on the payment of child support for minor children, and in cases where recovery of child support as a proportion of the parent's earnings and/or other income is impossible, difficult, or substantially violates the interests of one of the parties, the court may determine the amount of child support payable monthly in a fixed monetary amount or simultaneously as a proportion of earnings and in a fixed monetary amount.

The amount of the fixed monetary payment shall be determined by the court based on the amount of the monthly calculation index (MCI), to the extent that the child's previous standard of living is maintained to the maximum possible extent, taking into account the financial and family circumstances of the parties and other circumstances deserving attention.

Pursuant to paragraphs 3-5 of Article 8 of the Civil Code of the Republic of Kazakhstan (hereinafter – the Civil Code), good faith of participants in civil legal relations and reasonableness of their actions shall be presumed unless otherwise proven.

The conduct of one of the parties may be recognized as acting in bad faith not only upon a substantiated statement by the other party, but also at the initiative of the court if an obvious deviation of the participant's actions in civil transactions from good-faith conduct is established.

If bad-faith conduct of one of the parties is established, the court, depending on the circumstances of the case and taking into account the nature and consequences of such conduct, shall refuse, in whole or in part, to protect the right belonging to such party and shall also apply other measures ensuring the protection of the interests of the good-faith party or third parties against the bad-faith conduct of the other party.

The prohibition of abuse of rights is a generally recognized principle of law.

In this regard, the defendant's actions consisting of taking employment with a low salary, as well as refusing to seek other, higher-paying employment and additional sources of income despite having a minor child in need of maintenance, do not meet the criteria of reasonableness and good faith, indicate an intentional deterioration of his financial situation, and are aimed at reducing the amount of child support payments.

Pursuant to Article 138 of the Code, parents are obliged to maintain their minor children.

This obligation is unconditional and is not made dependent by the legislator on whether or not a person has a permanent and sufficient income.

Based on the foregoing, the defendant's permanent employment and regular income cannot, in themselves, constitute an unconditional ground for refusing to grant a claim for the recovery of child support in a fixed monetary amount, since, based on the circumstances established in the case and taking into account the priority protection of the interests of children, the claimant's demands are well-founded.

In turn, the defendant failed to provide the court with evidence of his participation, as a parent, in purchasing clothing, footwear, or covering other expenses for the children after the termination of his relationship with the claimant.

At the same time, the existence of permanent employment and regular income of a parent cannot constitute an unconditional ground for refusing a claim for the recovery from such person of child support for a minor child in a fixed monetary amount, or simultaneously as a proportion of earnings and in a fixed monetary amount, where the court establishes that recovery of child support as a proportion of the parent's earnings and/or other income does not allow the child's previous standard of living to be maintained, and recovery of child support in a fixed monetary amount or simultaneously as a proportion and in a fixed monetary amount would best serve the interests of the child without violating the rights of the respective parent.

The court established that the defendant S.D.K. owns real property acquired after the dissolution of the marriage, namely a land plot located at: Almaty Region, Ili District, Karaoy Rural District, N.T. village, Zh. Street, Plot 11, as well as a residential house located at: Almaty Region, Ili District, Baiserken Rural District, B. village, D.K. Street, Plot 6..., acquired pursuant to a sale and purchase agreement dated February 17, 2023.

Since the amount of child support received by N.A.M. is insufficient to ensure the child's normal living conditions and substantially violates her rights, as well as fails to maintain the child's previous standard of living, the court considers it fair to additionally recover from the defendant, in addition to the previously awarded child support in the amount of 1/4 of all types of earnings and/or other income, child support for the maintenance of the child in a fixed monetary amount of 15 MCI per month until the child reaches the age of majority.

The amount of the fixed monetary payment shall be determined by the court based on the amount of the monthly calculation index, to the extent that the child's previous standard of living is maintained to the maximum possible extent, taking into account the financial and family circumstances of the parties and other circumstances deserving attention.

Under these circumstances, the court, taking into account the financial and family circumstances of the parties, concludes that the claim of N.A.M. is subject to partial satisfaction, with child support to be recovered from the defendant in a fixed monetary amount of 15 (fifteen) monthly calculation indices, which amounts to KZT 64,875.

In assessing the defendant's financial circumstances, the court takes into account his working age and his ability to obtain additional employment or other income.

Having examined the financial circumstances of the parties, the court considers that recovery of child support in a fixed monetary amount of 15 MCI will ensure stability in the child's maintenance and will also allow compliance with the principle of proportionality of the amount of material assistance received by the child.

Part 5 of Article 6 of the Civil Procedure Code provides that, where the law or an agreement between the parties to a dispute provides for the relevant issues to be resolved by the court, the court shall resolve such issues based on the criteria of fairness and reasonableness.

The court proceeds from the need to maintain, to the maximum possible extent, the child's previous standard of living (Part 3 of Article 141 of the Code), taking into account the financial and family circumstances of the parties.

Pursuant to Part 1 of Article 164 of the Code, child support shall be awarded from the date of filing the claim with the court.

Pursuant to Article 243 of the Civil Procedure Code, judgments awarding child support shall be subject to immediate enforcement.

Pursuant to Part 1 of Article 117 of the Civil Procedure Code, the state duty from which the claimant was exempt shall be recovered from the defendant, who is not exempt from payment of court costs, for the benefit of the state.

Pursuant to Article 109 of the Civil Procedure Code of the Republic of Kazakhstan, the party in whose favor the judgment is rendered shall be awarded by the court all court costs incurred in the case from the other party.

Guided by Articles 223-226 of the Civil Procedure Code, the court

HAS DECIDED:

To partially satisfy the claim of N.A.M. against S.D.K. for the recovery of child support in a fixed monetary amount.

To recover from S.D.K. in favor of N.A.M. child support in the amount of 15 (fifteen) monthly calculation indices, commencing from November 21, 2025, until K.A.D., born on July 8, 2009, reaches the age of majority, i.e. until July 8, 2027.

To recover from S.D.K. in favor of N.A.M. court costs for legal representation in the amount of KZT 200,000 (two hundred thousand).

To recover from S.D.K. to the state budget a state duty in the amount of KZT 7,078 (seven thousand seventy-eight).

The judgment in the part concerning the recovery of child support shall be subject to immediate enforcement.

Standardize the legal terminology throughout 

 

 

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