Court order for the recovery of alimony
The need to provide content to individuals is objective and may arise for various reasons. In any society and state, there are citizens who are unable to provide for their needs independently due to age or health status, due to caring for children, etc.
Creating conditions that ensure a decent life and free human development is one of the pillars of government policy. Marriage and family, motherhood, fatherhood and childhood are protected by the State. Taking care of children and their upbringing is the natural right and duty of parents (Parts 1 and 2 of art. 27 of the Constitution of the Republic of Kazakhstan).
The state implements the task of maintaining and financially supporting citizens in need through the social security system (payment of various pensions, allowances), state and public charity. However, even an economically developed state is limited in solving the problem of disabled citizens in need. This problem should be solved not only at the expense of society as a whole, but also at the expense of its individual members.
The obligations of parents for the maintenance of children occupy a central place among alimony obligations. Parents provide for the maintenance of minor children, both by virtue of the natural order of things and the law. This duty is assigned to them by Chapter 19 of the Law of the Republic of Kazakhstan "On Marriage (Matrimony) and Family".
When the recovery of payments for the maintenance of a minor child is not related to any controversial issues, whether it is challenging paternity or motherhood, establishing paternity, or the need for the participation of some third parties in the case, the law allows in this case the application of the procedure for issuing a court order.
The Civil Procedure Code of the Republic of Kazakhstan provides for the possibility of collecting alimony for minor children in a simplified manner, i.e. on the basis of a court order, without a trial stage (Chapter 13 of the Civil Procedure Code of the Republic of Kazakhstan "Writ proceedings").
Basically, in the generalized category of cases on the recovery of alimony for minor children, not related to the establishment of paternity or the need to involve third parties, according to the EAIAC database, a court order was issued from the enclosed judicial acts in cases of this category and, in accordance with paragraph 4 of Article 140 of the CPC RK.
According to Part 3 of Article 139 of the CPC RK, a court order has the force of an executive document. Recovery on it is carried out after the issuance of the order and in accordance with the procedure established for the execution of court decisions.
A court order for the recovery of alimony may be issued if: - a claim is made for the recovery of alimony for minor children that is not related to establishing paternity, challenging paternity (motherhood), or the need to involve other interested parties (paragraph 4 of Article 140 of the CPC RK).
That is, the Legislator has provided for a simplified procedure for collecting alimony for the maintenance of minor children on the basis of a court order when there is no dispute.
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