Disputes related to the reduction of alimony
Sh. He filed a lawsuit against B., K. to reduce the amount of alimony for the maintenance of minor children, arguing that the total amount of alimony collected from him exceeds the statutory amount for two children. He also pays alimony for the maintenance of R.'s mother in the amount of 100 monthly calculation indices (hereinafter – MCI). Taking into account all executive documents, the total monthly deduction amounts to more than half of the salary due to him. He asked the court to reduce the amount of alimony collected from him in favor of the defendants to 16% of his earnings for each claimant. By the decision of the specialized inter-district juvenile Court of Atyrau region dated December 11, 2018, the claim was satisfied. The amount of alimony collected by the Atyrau City Court's court order dated March 18, 2017 in favor of B. for the maintenance of a minor child, A., born on June 22, 2011, was reduced from 1/4 to 1/6 of earnings and (or) other income. The amount of alimony collected by the decision of the Atyrau City Court of June 28, 2017 in favor of K. the maintenance of a minor child, M., born on July 22, 2009, was reduced from 1/4 part to 1/6 part of earnings and (or) other income. A state fee of 602 tenge was collected in favor of Sh. s. B. and K., from each. Collected from Sh. court costs in the amount of 135,649 tenge are transferred to the state revenue. By the decision of the judicial Board for Civil Cases of the Atyrau Regional Court dated March 13, 2019, the decision of the court of first instance remained unchanged. The Judicial Board for Civil Cases of the Supreme Court annulled the judicial acts of the local courts and issued a new decision to dismiss the claim of Sh. for the following reasons. As follows from the case file, according to the court order of the Atyrau City Court dated March 18, 2017, alimony was collected from Sh. in favor of B. for the maintenance of a minor child, M., born on June 22, 2011, in the amount of one 1/4 of all earnings and (or) other income, starting from March 17, 2017, until reaching the age of majority.
Disputes related to the reduction of alimony
By the decision of the Atyrau City Court of June 28, 2017 with Sh. in favor of K. alimony was collected for the maintenance of a minor child, M., born on July 22, 2009, in the amount of 1/4 of all earnings and (or) other income monthly, starting from March 14, 2017, until reaching the age of majority. In accordance with parts 1, 2 of Article 139 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter referred to as the Code), in the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: one quarter for one child, one third for two children, for three or more children, half of the parents' earnings and/or other income. 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. The courts of the first and appellate instances, satisfying the plaintiff's claims and reducing the amount of alimony, were motivated by the fact that the total amount of alimony collected from the plaintiff is more than 1/3 of his earnings, which exceeds the amount of alimony required by law for the maintenance of two children. These conclusions of the local courts do not correspond to the circumstances of the case and are based on the incorrect application of substantive law. The amount of alimony established by the court is changed according to the rules stipulated in article 175 of the Code. According to paragraph 1 of Article 175 of the Code, if, in the absence of an agreement on the payment of alimony, the financial or marital status of one of the parties has changed after the court has established the amount of alimony, the court may, at the request of either party, change the established amount of alimony or release the person obligated to pay alimony from their payment. When changing the amount of alimony or exempting them from payment, the court has the right to take into account other noteworthy interests of the parties.
Disputes related to the reduction of alimony
The plaintiff, demanding a reduction in the amount of alimony, did not provide the court with evidence confirming the change in his financial or marital status, as well as insufficient financial support, which did not allow him to maintain the alimony payment in the same amount. In this regard, the plaintiff's claim that if the amount of alimony awarded by the court is maintained, his property interests will be violated is untenable. The plaintiff's reference to article 139 of the Code, which establishes the maximum amount of alimony collected monthly for the maintenance of two children, is unfounded in this case, since the provisions of this article are applied in the initial determination of the amount of alimony. The existence of a court decision on the recovery of alimony for the maintenance of the mother also cannot serve as a basis for reducing the amount of alimony, since the writ of execution under this judicial act was not sent for execution, respectively, the deduction of the plaintiff's alimony obligations in favor of R. not produced. In addition, this circumstance does not release the plaintiff from the obligation to support his minor children. The arguments of the defendant's petition that the plaintiff lives with B., they raise and support the child A. together, have a common budget, have not been refuted by the plaintiff. According to the case file, the marriage between Sh. and B. has not been dissolved. In this regard, the applicant's arguments deserve attention that the plaintiff's entire income, minus alimony paid in favor of K., goes to the family. Taking into account the above, the judicial board concluded that there are no grounds for reducing the amount of alimony collected from the plaintiff for the maintenance of minor children.
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