ON ISSUANCE OF A COURT ORDER FOR RECOVERY OF CHILD SUPPORT FOR MINOR CHILDREN
To the Abay District Court of Shymkent
Applicant: TAA
TAA filed an application for issuance of a court order for recovery of child support under the circumstances set out below:
On 15 August 2009, pursuant to Article 2, paragraph 2, subparagraphs 1) and 2) of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family,” based on the principles of voluntariness of the marital (matrimonial) union of a man and a woman and equality of spouses’ rights in the family, citizen TAA (hereinafter referred to as the “Applicant”) entered into a registered marriage with citizen MESH (hereinafter referred to as the “Respondent”), and they have the following minor children from their marriage:
- ShZhE, born on 21 August 2009;
- Sh Q E, born on 15 November 2011;
- Sh M E, born on 25 November 2016.
Mr. M ESh is the father of the minor children, as confirmed by copies of the birth certificates of the above-mentioned minor children. Pursuant to Articles 46, 47 and 50 of the Code on Marriage and Family, MESH acknowledged his paternity and, accordingly, as provided for by Article 30 of the Code, “Equality of Spouses in the Family,” spouses enjoy equal rights and bear equal responsibilities. Spouses are obliged to build their family relations on the basis of mutual respect and mutual assistance, contribute to the well-being and strengthening of the family, and take care of the health, development and welfare of their children, which obligation has been deliberately ignored by the Respondent for a considerable period of time.
Since mid-2019, the Applicant and the Respondent have been living separately, as the Respondent repeatedly assaulted the Applicant. In addition, the Respondent does not provide, and consciously has no intention to provide, financial assistance to his family or moral support.
Article 70, “Rights and Obligations of Parents Regarding the Upbringing and Education of a Child,” of the Code provides that parents are obliged to take care of the health of their child and to raise their child, and also bear responsibility for ensuring the necessary living conditions for the child’s physical, mental, moral and spiritual development.
Unfortunately, the Respondent has been living his own life, and all funds earned by the Respondent are spent on his own needs unknown to the family. All family expenses fall upon the Applicant’s shoulders. The marriage between the Applicant and the Respondent has not been dissolved to date.
Currently, all minor children permanently reside with their mother. Despite this, the debtor voluntarily provides no financial assistance to the mother for the maintenance of the minor children and evades the performance of his parental obligations.
Based on the foregoing and pursuant to Articles 138–140 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family” and Articles 140, 145–147 of the Civil Procedure Code of the Republic of Kazakhstan, the Applicant REQUESTED THE COURT:
- To issue a court order for recovery from M ESh, IIN ...., of child support for the maintenance of the minor children until they reach the age of majority, in the amount of 1/2 of all types of the Respondent’s earnings, in favor of the Applicant, Toy A.A., IIN ....;
- To impose all expenses related to the recovery of child support on the Respondent in accordance with the provisions of the Civil Procedure Code of the Republic of Kazakhstan.
On 26 September 2019, the Judge of the Abay District Court, having considered the application for issuance of a court order for recovery of child support for the maintenance of minor children and being guided by subparagraph 1) of Article 135, Articles 139–141 and Article 116 of the Civil Procedure Code of the Republic of Kazakhstan, ORDERED:
To grant the application for issuance of a court order for recovery of child support for the maintenance of minor children.
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