On the recovery of alimony
In accordance with paragraph 3 of Article 7 of the law of the Republic of Kazakhstan" on state social benefits for disability and loss of breadwinner in the Republic of Kazakhstan", no more than 25% of the amount to be paid from the benefit can be withheld the plaintiff S. The defendant applied to the court with a claim for alimony from N., in which he asked his father N. to collect alimony in the amount of 25 monthly calculation indices before graduation from the university, that is, until June 1, 2021. By the decision of the Maktaaral District Court of Turkestan region dated June 6, 2018, the claim was partially satisfied. From the entire income of the defendant N., alimony was collected in favor of the plaintiff S. until June 1, 2021 in the amount of 10 monthly calculation indices (hereinafter referred to as MCI). By the decision of the Judicial Board of the Turkestan regional court for civil cases dated September 26, 2018, the court decision was left unchanged. In The Petition N. he did not agree with the judicial acts, showed that there were difficulties in material terms, canceled the decision of the court of Appeal, changed the decision of the court of First Instance and asked to make a new decision on reducing the amount of alimony. The judicial board examined the understanding of the defendant in the case in support of the petition, the documents of the case and concluded that the judicial acts disputed in the petition are subject to change depending on the following grounds. According to the case documents, the defendant N. is the father of the plaintiff S.
On the recovery of alimony
S. in the statement of claim, in connection with his studies at a higher educational institution, his father demanded from the court to recover alimony from N. until graduation, that is, until June 1, 2021 in the amount of 25 MCI from all his income. The court of first instance collected alimony in favor of S. in the amount of 25% of the disability allowance of N., that is, 10 MCI. The court of Appeal agreed with this decision. However, such a conclusion of local courts does not meet the requirements of the current legislation. As it turned out from the case materials, the degree of disability of N. was 75%, until February 19, 2020, his disability was extended. At the moment, N. indicated that he, as a disabled person of Group II, receives 54,900 tenge, half of which is withheld for alimony, cannot bring the remaining funds from alimony to medicines, daily livelihood, food and other expenses. In accordance with paragraph 3 of Article 7 of the law of the Republic of Kazakhstan" on state social benefits for disability and loss of breadwinner in the Republic of Kazakhstan", no more than 25% of the amount to be paid may be deducted from the benefit.
Local courts collected alimony in favor of S. until June 1, 2021 in the amount of 25% more than the amount of N.'s disability allowance, that is, 10 MCI. In accordance with paragraph 2 of Article 138 of the code of the Republic of Kazakhstan "on marriage (matrimony) and family", if parents do not voluntarily transfer funds for the maintenance of their minor children, as well as adult children under the age of twenty-one, studying in the system of general secondary, technical and professional, post-secondary education, full-time higher education, these funds are collected from them in court. However, the plaintiff S. comes to the age of 21 on February 28, 2021. In such a context of the case, the conclusions of local courts contradict the circumstances of the case and the norms of material law. The Judicial Board of Cassation for civil cases of the Supreme Court of the Republic of Kazakhstan adopted a new decision to change the local judicial acts, that is, to cancel the part of the judicial acts on the recovery of alimony in favor of S. in the amount of 10 (ten) monthly calculation indices from all its income from N. until June 1, 2021, and reduce the amount of alimony to 5 (five) monthly calculation indices until February 28, 2021. The remaining parts of the judicial acts were left unchanged, and the petition of the defendant N. was partially satisfied.
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