Exemption from alimony payments
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 amount of alimony has been established in court, the court has the right, at the request of either party, to release the person obligated to pay alimony from their payment. When exempting alimony payments, the court may also take into account other noteworthy interests of the parties. The number of such cases is insignificant. Basically, the courts exempted debtors from paying alimony in the event of a change in the place of residence of the children, when the children moved from one parent to another.
Example: By the decision of the Atyrau City Court of August 15, 2017, U.'s claim for exemption from payment of alimony for the maintenance of two minor children, collected from him by court order, was satisfied, since since June 2017, the children have been living with their father at his place of residence and are fully supported by him. It should be clarified that if, during the execution of a court order or court decision on the recovery of alimony, the child for whom they were awarded was transferred to the upbringing and maintenance of the parent paying alimony for him, and the recoverer did not refuse to receive them, exemption from alimony payments, as well as from alimony arrears, is not performed in the order of execution. by making a decision, and by filing a corresponding claim by this parent, since, by virtue of the law, the issues of collecting alimony and exemption from their payment, if there is a dispute, are resolved by the court in the order of the claim proceedings.
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