Distribution of court costs for alimony claims
Plaintiffs on alimony claims are exempt from paying state fees in the courts. According to the first part of Article 117 of the CPC, the state fee, from which the plaintiff was exempted, is collected from the defendant, who is not exempt from paying court costs, to the state's income in full or in proportion to the satisfied part of the claim. Consequently, when issuing a court order or a decision on the recovery of alimony, the court must indicate the collection of state duty from the debtor to the state income. In accordance with paragraph 10 of the regulatory resolution of the Supreme Court "On the application by courts of the Republic of Kazakhstan of legislation on court costs in civil cases" dated December 25, 2006 No. 9 on claims for the recovery of alimony, their reduction (increase) and exemption from alimony, the price of the claim is determined by the totality of payments for the year, which is established by the court on the basis of information information about the defendant's income (for example, a certificate of average earnings, information from state revenue authorities, etc.). In the absence of documents confirming the defendant's income, the amount of cumulative payments for the year should be determined in accordance with article 99 of the Law on Enforcement Proceedings, based on the average monthly salary in the Republic of Kazakhstan at the time of the case.
It should be borne in mind that when collecting alimony in a smaller amount than the plaintiff requested (for example, the court, taking into account the circumstances of the case, reduced the amount of shares provided for by law), the court collects a state fee from the defendant based on the satisfied part of the claim, and does not collect the rest of the state fee from the plaintiff, who is exempt from paying the state fee. duties. Paragraph 16 of the same regulatory resolution clarified that in cases of reduction of the amount of alimony and exemption from payment, the court costs incurred by the applicants are not reimbursable. However, some courts do not comply with these requirements of the law. For example, in the case of F. K. Ch. and A.'s claim to reduce the amount of alimony by the decision of the interdistrict Juvenile Court of the West Kazakhstan region dated June 1, 2018, the claim was satisfied by reducing the alimony collected for each child to 1/6 of the plaintiff's income. The court recovered from the defendants in favor of the plaintiff the state fee paid by him when filing the claim, while the court costs incurred by the applicant were not reimbursable, since the filing of the claim was not related to the violation of the plaintiff's rights by the defendants.
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