Disputes related to the recovery of alimony
According to Article 141 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter referred to as the Code), in the absence of a parent's agreement on the payment of alimony for minor children and in cases where the recovery of alimony in proportion to earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties, the court has the right to determine the amount of alimony to be collected monthly in a fixed amount of money or simultaneously in shares and in a fixed amount of money. alimony payments in the amount of 50 monthly calculation indices until the children reach adulthood, arguing that the defendant intentionally underestimates his true income, thereby acting against the interests of minor children. The claim was dismissed by the decision of the Yesilsky District Court of Nur-Sultan dated October 8, 2020. By an additional decision of the same court dated November 13, 2020 with S. in favor of D. representation expenses in the amount of 5,000 tenge were collected. By the decision of the judicial board for civil cases of the Nur-Sultan City Court dated December 3, 2020, the decision of the court of first instance remained unchanged. The Judicial Board for Civil Cases of the Supreme Court overturned the judicial acts of local courts with the adoption of a new decision on the satisfaction of the claim. In this connection with D. recovered in favor of S. alimony for the maintenance of three minor children: J., born on June 15, 2005, A., born on October 12, 2006, A., born on August 30, 2013, in a fixed monetary amount in the amount of 50 monthly calculation indices monthly until the children reach adulthood, starting from August 11, 2020. A state duty in the amount of 8,751 (eight thousand seven hundred and fifty-one) tenge was also collected from D. to the state revenue.
Disputes related to the recovery of alimony
It follows from the case file that the parties to the marriage have three minor children: Zh., born on June 15, 2005, A., born on October 12, 2006, A., born on August 30, 2013. By a court decision dated May 20, 2015, the marriage between the parties was dissolved. By a court order dated November 21, 2014 with D. in favor of S. alimony payments for the maintenance of minor children in the amount of 1/2 of earnings and (or) other income have been collected, starting from November 19, 2014 and until they reach adulthood. Appealing to the court, S. She pointed out that the defendant, in order to reduce the amount of alimony payments, underestimates his income and deliberately worsens his financial situation. The alimony paid by D. does not allow her to ensure the proper maintenance of minor children. After the dissolution of the marriage, the defendant intentionally reduced his income, which amounted to 286,089 tenge, which is confirmed by the certificate of NPF A LLP. The courts, rejecting the claim, argued that S. She did not provide evidence confirming the existence of grounds for establishing alimony in a fixed amount of money. d. He has a permanent place of work and regularly receives a fixed salary, half of which is transferred to the plaintiff in the form of alimony for the maintenance of minor children. Such conclusions of the local courts contradict the circumstances established in the case and do not comply with the norms of substantive law. By virtue of article 27 of the Constitution of the Republic of Kazakhstan, the care of children and their upbringing is the natural right and duty of parents. According to Article 141 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter referred to as the Code), in the absence of a parent's agreement on the payment of alimony for minor children and in cases where the recovery of alimony in proportion to earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties, The court has the right to determine the amount of alimony collected monthly in a fixed amount of money or simultaneously in shares and 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 material and marital status of the parties and other circumstances worthy of attention.
If each parent has children, the amount of alimony from one parent in favor of the other, less well-off, is determined in a fixed amount of money collected monthly and determined by the court in accordance with paragraph 3 of this Article. It follows from the meaning of this rule that in order to create equal conditions for the upbringing and maintenance of children, alimony is collected by the court only from one parent who is more well-off in favor of another, less well-off. It is established that currently the amount of alimony paid for three minor children is 18,700 tenge. The children study at a lyceum school with additional tuition, and therefore the plaintiff is unable to fully provide for their daily and household expenses. Meanwhile, the defendant works for NPF "A" LLP. Previously, he was the sole founder and head of this company. However, in order to reduce alimony payments, he deliberately worsened his financial situation by transferring the company to his current spouse and reducing his income to the minimum wage of 42,500 tenge. According to the information of the Branch of the NAO "Government for Citizens for the City of Nur-Sultan", D., being the founder of the Company "A" LLP, appointed his wife's daughter E. – R. director of this LLP. On April 2, 2021, E. replaced the director of NPF "A" LLP with her brother D. - G., who lives in the Aktobe region. In addition, D. presented 1/3 of the share of the apartment jointly acquired with S. to his current wife E., who, in turn, sent S. a notice of sale of this 1/3 share for 10 000 000 tenge. These circumstances indicate that the defendant is doing everything possible to avoid paying alimony in order to ensure the same standard of living for minor children.
Disputes related to the recovery of alimony
Thus, taking into account the above-mentioned norms of law, as well as the totality of evidence established in the case confirming the deliberate underestimation of the defendant's monthly income, the plaintiff's claims are recognized as justified and subject to satisfaction. Given that the case does not require the collection and additional verification of evidence, the circumstances of the dispute have been fully established, however, the courts of first and appellate instances made an error in evaluating evidence, interpreting and applying substantive law, the judicial board overturned the contested judicial acts and issued a new decision on the satisfaction of the claim. In connection with the above, the additional decision of the court of first instance on the recovery of representative expenses in the amount of 5,000 tenge from the plaintiff in favor of the defendant was also canceled.
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