Objection to a Statement of claim for exemption from alimony

Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.

In ____________ District court

Cities of Almaty

from the defendant: ___________________

IIN: ____________

place of residence: _____________

bodys.: _____________

Objection

for a statement of claim for exemption from alimony for the maintenance of a former spouse

__________ year ________ district court issued a decision on the recovery of gr. ___________________ ________ G. R. in favor of gr. ___________________ ________ G. R. alimony for its maintenance in the amount of 8 MCI, since ________ to achieve a common child, ___________________ ________ G. R., the age of three. I consider the court's decision to be justified, lawful and enforceable. However, gr. _____________ Currently, he refuses to comply with the court's decision, citing various circumstances. There is a civil case pending in your case. ___________________ on the exemption from alimony for the maintenance of the former spouse, who justifies his claims by the fact that he currently has two dependent young children from his first marriage who live His parents, who are retired, are with him. He also claims that alimony is being collected from him for the maintenance of our common child., ______________, in the amount of one quarter of the salary. Further, according to the plaintiff, he pays for two loans that we allegedly took jointly to purchase property and clothes for the child. Dear Court, I do not agree with the above arguments of the plaintiff, since _________ district court, when making a decision of _________, taking into account the marital and financial situation of the parties, the existence of a court order to recover alimony from gr.______________ in favor of gr. ___________________ for the maintenance of a minor child, the availability of loans, and dependent minor children from a first marriage for whom alimony has not been collected from the mother, the court reduces the amount of alimony to 8 MCI, instead of the 15 MCI presented. I also want to note that the plaintiff has a stable source of income. The plaintiff's parents receive a pension and are able to provide for themselves. The plaintiff further claims that we jointly took out two loans to purchase property and clothes for the child, but I did not receive any property or any funds. Thus, dear Court, the Plaintiff's arguments that he is currently unable to pay alimony for my maintenance are not being confirmed. The Plaintiff also states in the Statement of Claim that I am a physically healthy woman, have a secondary special education, and am an individual entrepreneur. However, due to the fact that my child is very young, I am on maternity leave to care for a child, and I do not have the opportunity to work, I suspended the activities of the sole proprietor until the child reaches the age of three, I have no other source of income. From the above circumstances, it follows that all the arguments of the Plaintiff are not substantiated. Objection to a statement of claim for exemption from alimony In accordance with Articles 147, 149 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", Spouses are obliged to financially support each other. In case of refusal of such support and the absence of an agreement between the spouses on the payment of alimony, the following persons have the right to demand the provision of alimony in court from the other spouse who has the necessary funds for this: the spouse during pregnancy and within three years from the date of birth of the common child. In the absence of an agreement between the spouses (former spouses) on the payment of alimony, the amount of alimony levied on the spouse in court is determined by the court based on the material and marital status of the spouses and other noteworthy interests of the parties in multiple of the monthly calculation index in effect at the time of payment of alimony. In v. 148. The Code also states: the right to demand the provision of alimony in court from the former spouse, who has the necessary means for this, has: the former spouse during pregnancy and before the common child reaches the age of three. According to paragraph 2 of Article 164 of this Code, alimony is awarded from the moment of applying to the court. In accordance with Articles 75-78 of the Constitution of the Republic of Kazakhstan, everyone has the right to be heard in court; Courts do not have the right to apply laws and other regulatory legal acts that infringe on human and civil rights and freedoms enshrined in the Constitution. If the court finds that a law or other regulatory legal act to be applied infringes on the rights and freedoms of a person and citizen enshrined in the Constitution, it is obliged to suspend the proceedings and apply to the Constitutional Council with a motion declaring this act unconstitutional. 15 of the CPC RK civil proceedings are conducted on the basis of competition and equality of the parties, which can be fully realized only if each of the persons involved in the case is given the opportunity to attend the court session. also in article 13. Equality of all before the law and the court it is said that Justice in civil cases is carried out on the basis of equality before the law and the court, during civil proceedings, none of the following citizens can be given pre-trial detention.

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases