Judicial practice on the recovery of alimony in a fixed monetary amount

February 12, 2026 No. 5266-25-00-2/8826 as part of the Specialized Interdistrict court for juvenile affairs of the city of Shymkent: presiding judge Rustemova a.m. in an open court session with the participation of the secretary of the court A. Kozhabaeva considered a civil case on the claim:  

CLAIMANT: TAA  

DEFENDANT: MESH  

Third party who does not independently declare claims on the subject of the dispute on the part of the plaintiff: private bailiff of Shymkent Bilalov Bauyrzhan Meldehanovich  

Claim of the plaintiff: on the recovery of alimony in a fixed monetary amount

The plaintiff A. A. T. and the defendant E. Sh. M  

a minor born on August 21, 2009 ,  

He was born on November 15, 2011 and  

SHME, born on November 25, 2016, becomes parents.  

On the basis of the decision of the Abay District Court of Shymkent dated November 20, 2020, which entered into legal force, the marriage registered between the parties was terminated. On the basis of the court order of the Abay District Court of Shymkent dated September 26, 2019 No. 5210-19-00-2/6048 from the defendant B. S. Kydyr in favor of the plaintiff A. Aset, a minor  

Born on August 21, 2009,  

Born on November 15, 2011 and  

Born on November 25, 2016  

alimony has been collected for maintenance since September 24, 2019 in the amount of 1/2 (one-two) part of monthly income and /or other income. The plaintiff A. A. T. appealed to the court with a claim, motivated as follows: the defendant E. Sh.Mten for the maintenance of common children since 2019, alimony has been deducted from the official salary, and all these years his income fully corresponded to the minimum wage in the documents first 44,000, then 60,000, 70,000, 85,000 tenge.  

In the context of changing the labor market and taking into account the level of responsibility of the position actually held by E. Sh.M., such "stability" of income can be explained only by the deliberate reduction of official payments by the employer and the concealment of real income, as a result of which the Children of A. A. T. received very insignificant alimony, from only 14,000 tenge per month for each child, which does not even cover the subsistence level, cannot provide the basic needs of the child, which is not enough to adequately provide the child, the real salary of E. Sh.M. is about 1,000,000 tenge, this did not coincide with official data, indicating that he was deliberately hiding his real income, and E. Sh.Mten asked to collect alimony in favor of himself, that is, A. A. T., in the form of a regular monetary amount of 100 MCI per month.  

The defendant, E. Sh.M, argued against the claim, arguing that on the basis of a court order dated September 26, 2019, in favor of A. A. T, he pays alimony continuously in accordance with the requirements of the law for the maintenance of three children, does not evade the payment of alimony, does not have the financial condition to pay alimony in the amount of 100 MCI, the current salary is 108,000 tenge, as well as the employer promises to increase the monthly salary every 4-5 months, has other income the fact that he himself is not an individual entrepreneur, it is indicated that at the time of the change of place of work, the court declares to the executor that the plaintiff himself is also informed, asks to refuse to satisfy the claim due to the absence of grounds for collecting alimony in a regular amount.  

At the court session, the plaintiff A. A. T. supported the claims of the claim, referring to the evidence presented in it, pointing out that the amount of alimony paid by the defendant is not enough for anything, living conditions, as well as monthly payment of children to kindergarten, school, alimony does not have enough money, he works, his monthly salary is 687,000 tenge, but it is difficult for him alone to support three minor children, provide requests for a full life.  

At the court session, the trustee of the plaintiff G. T. Sarzhanov supported the claims of the claim, referring to the evidence presented in it, and asked to satisfy the claim in full.  

The defendant E. S. M. did not recognize the claim at the court session, but divorced the plaintiff in 2020, but paid alimony for common children since 2019, the alimony debt is 230,000 tenge, currently the monthly salary is 108,000 tenge, and the employer promised to increase the monthly salary every 4-5 months, he has no other income, he does not refuse to pay alimony for his children, he asked to refuse to satisfy the claim.  

The private bailiff B. M. B pointed out that the defendant's alimony debt is 231,000 tenge, monthly maintenance of alimony is carried out from wages, other income is not determined.

Amount of alimony collected in court for the maintenance of minor children in accordance with 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, the court shall collect alimony for minor children from their parents monthly in the following amounts: for one child-a quarter of parental income and (or) other income, for two children-a third, for three or more children - half.  

The amount of these shares may be reduced or increased by the court, taking into account the material or family circumstances of the parties and other noteworthy circumstances. As it was established in court, the defendant E. Sh.Mten in favor of the plaintiff A. A. T. There is a court order on the recovery of alimony from September 24, 2019 in the amount of half of his income or other income for the maintenance of the child born on August 21, 2009, the child born on November 15, 2011 and the child born on November 25, 2016.  

In the absence of an agreement of parents on the payment of alimony for minor children in accordance with Part 1 of Article 141 of the code and in cases where it is impossible to recover alimony in a share ratio to the income and (or) other income of the parent, causing difficulties or seriously violating 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 a share and in a fixed amount of money.  

Such cases include the recovery of alimony from parents who have irregular, variable income and (or) other income, or if the parent receives income and (or) other income in whole or in part in kind. In accordance with paragraph 28 of the normative resolution of the Supreme Court of the Republic of Kazakhstan dated November 29, 2019 No. 6 "on the application of legislation by courts in consideration of cases on recovery of alimony" in accordance with the seventh part of Article 240 of the code of criminal procedure, after the entry into force of the decision to collect term payments from the defendant, if the circumstances affecting the determination of the amount of payments or  

Recovery of alimony for a minor child by a court decision (court order) in a share ratio to the income and (or) other income of the payer of alimony does not prevent the recipient of alimony from demanding recovery of alimony in a fixed amount of money and (or) simultaneously in a share and a fixed amount of money, if there are grounds provided for by law (Article 141 of the code). In accordance with paragraph 11 of the normative resolution of the Supreme Court of the Republic of Kazakhstan dated November 29, 2019 No. 6 "on the application of legislation by courts when considering cases on recovery of alimony", if a parent obliged to pay alimony has an irregular, variable income and (or) other income, or receives this parent's income and (or) other income in kind or in foreign currency in whole or in part, or does not have income and (or) other income, also, in other cases where it is impossible to recover alimony in a share ratio to the parent's income and (or) other income, causing difficulties or significantly violating 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 a share and a fixed amount of money.  

At the court session, it was reliably established that the defendant E. Sh.M worked as a design electrician in the limited liability partnership "KazProjectbuild" and had a monthly salary of 108,000 tenge, confirmed by a certificate about the month. The defendant has no income in kind or in foreign currency, the amount of wages is determined.  

The calculation of alimony in a share ratio is not a problem, therefore, the court considers that there are no objective and legal grounds for collecting alimony in the form of a fixed amount of money. In accordance with paragraph 11 of the normative resolution of the Supreme Court of the Republic of Kazakhstan dated July 11, 2003 No. 6 "on a court decision in civil cases", the decision cannot be based on assumptions about the circumstances of the case.  

Due to the fact that the amount of alimony received, indicated by the plaintiff as the reason, is small, it cannot serve as a basis for determining the amount of alimony collected monthly in a fixed amount of money. In accordance with the norms of the current marriage and family legislation, the appointment of alimony for the maintenance of a minor child in the form of a fixed amount of money is possible only in cases directly provided for by Article 141 of the Code of the Republic of Kazakhstan "on marriage (matrimony) and family". In connection with the absence of these circumstances, the court comes to a conclusion on the refusal to satisfy the claim.  

In accordance with paragraph 2 of Article 48 and Paragraph 2 of Article 225 of the APC, the court may not change the subject or basis of the claim on its own initiative. The court decides the case within the limits of the requirements declared by the plaintiff. Part of the resolution: based on the above, guided by articles 223-226, 229 of the APK,  

The court decided: to refuse to satisfy the claim of the plaintiff TAA to the defendant Meshke, a third party to the private bailiff of the city of Shymkent Bilalov Bauyrzhan Meldehanovich for the recovery of alimony in a stable monetary amount.

The court decided: to refuse to satisfy the claim of the plaintiff TAA to the defendant Meshke, a third party to the private bailiff of the city of Shymkent Bilalov Bauyrzhan Meldehanovich for the recovery of alimony in a stable monetary amount.

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