On establishing paternity and collecting alimony
From April to July 2019..... Altynshash Birzhankyzy (Hereinafter referred to as the Plaintiff) lived together with ........ Orazkhan Yerkinuly, as the parties were in a relationship without marriage. Have a minor child from living together:
........ Amir was born on 02/17/2020.
The defendant is the father of the child, and he himself admits this. From the moment of the child's birth, the Defendant lived for about 15 days together with the Plaintiff and the child. But at the same time, the Defendant did not submit an application for registration of paternity to the registry office. When the Plaintiff asked the Defendant about the registration of her son with the registry office, the Defendant misled the Plaintiff in various ways, saying that if they register their son, the Defendant will lose his income, and that the Defendant's mother will lose social assistance in the form of money. To date, the Defendant has completely refused to perform parental duties and is not involved in the upbringing and life of the child. Moreover, he does not provide any moral or material assistance to the Plaintiff. The child is fully supported by the Plaintiff. In accordance with paragraph 2, Article 46 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", where the rights and obligations of parents and the child are based on the child's origin, certified in accordance with the procedure established by the law of the Republic of Kazakhstan.
On establishing paternity and collecting alimony
Paragraph 5, Article 47 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" stipulates that the paternity of a person who is not married to the child's mother is established by submitting a joint application to the registration authority by the father and mother of the child. According to art . 48 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", which stipulates that in the case of the birth of a child to parents who are not married to each other, and in the absence of a joint statement from the parents or the father of the child, the child's origin from a particular person (paternity) is established in court at the request of one of the the child's parents, guardian, or trustee, or at the request of the person who is dependent on the child, as well as at the request of the child himself upon reaching the age of majority. In doing so, the court takes into account evidence that reliably confirms the child's descent from a particular person. It is important to note that the Plaintiff agrees to conduct a forensic genetic examination on the issue of the child's origin if the Defendant does not recognize the claims made against him. According to art . 52, the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", where, when establishing paternity in accordance with the procedure provided for in Articles 47-49 of this Code, a child has the same rights and obligations towards parents and their relatives as a child born to persons married to each other..
In cases of confirmation of paternity by an expert examination or by the Defendant, we ask the Court to issue a court order to collect alimony for the maintenance of a minor child until adulthood in the amount of 1/4 of all types of earnings of the defendant in favor of the Plaintiff, since according to Article 138 of the Code "On Marriage (Matrimony) and Family", it is stipulated that if the parents voluntarily do not They provide funds for the maintenance of their minor children, these funds are recovered from them in court. In the absence of an agreement between the parents on the payment of alimony, in case of failure to provide maintenance for minor children and in case of failure to file a claim with the court, the body performing the functions of guardianship or guardianship has the right to file a claim for the recovery of alimony for minor children against their parents. According to clauses 7, 1, art. 610 of the Tax Code of the Republic of Kazakhstan stipulates that 0.5 MCI is charged for claims for changing or terminating a tenancy agreement, extending the term of inheritance, releasing property from seizure, and other claims of a non-property nature or not subject to valuation. Based on paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. Based on the above, guided by Articles 48, 138, 139 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", Article 140 of the CPC of the Republic of Kazakhstan, THE COURT WAS ASKED to: Establish that .......... Orazkhan Yerkinuly, is the father........ Born on 02/17/2020. In the birth certificate, in the father column, indicate ........ Orazkhan Yerkinuly; Collect alimony from the Defendant ........ O.E., for the maintenance of a minor child .......... Born on 02/17/2020. up to the age of majority in the amount of 1/4 of all types of earnings of the defendant in favor of the Plaintiff – .......... A.B.,; Recover from ........ O.E., in favor of ........ A.B., representation expenses for the claim on recovery of alimony with the establishment of paternity, in the amount of 100,000 tenge; Collect from ............ O.E., in favor of ........ A.B., the state fee for the claim for the recovery of alimony with the establishment of paternity, in the amount of 1 MCI = 2918 tenge, as well as for the commission of notarial acts in the amount of 3,209 tenge. On March 16, 2021, the Specialized Interdistrict Juvenile Court of Almaty city via mobile videoconference via messenger Whatsapp, having considered in open court a civil case On establishing paternity and collecting alimony, the COURT DECIDED: The statement of claim ....... Altynshash Birzhankyzy k ........ To satisfy Orazkhan Yerkinuly on establishing paternity and collecting alimony. Establish paternity ........ Orazhana Yerkinuly, born on February 21, 1995, in relation to a minor child ....... Amira, born on February 17, 2020, whose mother is .......... Altynshash Birzhankyzy.
A court decision on establishing paternity that has entered into legal force is the basis for recording information about the child's parent in the register of civil status records. Make changes to the birth certificate for No. 10-555-20-0000 ...... dated March 03, 2020 on birth ....... Amira, February 17, 2020, issued by the State Institution "Office of Akim of Almaly district of Almaty, indicating in the columns: "Information about the father" - "........ Orazkhan Yerkinuly"; "Date of birth" - "February 21, 1995"; "Father's nationality" - "Kazakh"; "Father's citizenship" - "Republic of Kazakhstan", leave the rest of the information unchanged. Collect from ......... Orazhana Yerkinuly, born on February 21, 1995 (IIN ........), residing at the address: Almaty, ul.........., 96, sq.1 in favor of .......... Altynshash Birzhankyzy, January 28 Born in 1994 (IIN ........), residing at the address: Almaty, ul.........., D.100 "a" alimony for the maintenance of a minor child ......... Amira, born on February 17, 2020, in the amount of 1/4 of all types of earnings and (or) other income, monthly, starting from February 10, 2021, until the child reaches the age of majority. Collect from ........ Orazhana Yerkinuly, born on February 21, 1995 (IIN .......) to the state revenue, the state fee from which the plaintiff is exempt in the amount of 6,331 (six thousand three hundred and thirty-one) tenge. Collect from .......... Orazhana Yerkinuly, born on February 21, 1995 (IIN .........) in favor .......... Altynshash Birzhankyzy, born on January 28, 1994 (IIN .........) the amount of representative expenses for the assistance of a representative in the amount of 100,000 (one hundred thousand) tenge. Collect from ........ Orazhana Yerkinuly, born on February 21, 1995 (IIN .........) in favor of ........ Altynshash Birzhankyzy, born January 28, 1994 (IIN ........) court costs in the form of notary services in the amount of 3,209 (three thousand two hundred and nine) tenge. Collect from ....... Orazhana Yerkinuly, born on February 21, 1995 (IIN ..........) in favor of Zheldibayeva Altynshash Birzhankyzy, born on January 28, 1994 (IIN..........) the state fee paid by the plaintiff when filing a claim for a non-property claim in the amount of 2,918 (two thousand nine hundred and eighteen) tenge.
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