Recovery of alimony after establishment of paternity
Thus, on May 22, 2020, the Specialized Interdistrict Juvenile Court No. 2 of the Almaty region, consisting of the presiding judge Beimbetova Zh.A., with the secretary of the court session: Belenko K.M., having considered a civil case in a closed court session. №........., The Court Decided: - Satisfy the claim of the EAW to the Guardianship and Guardianship Authority of the Balkhash district of the Almaty region and the claim for establishing paternity. To establish the paternity of the EAV, in relation to the minor child of the son-in-law, born on October 26, 2012. To amend the record of registration for No. 10-134-12-0000471, on the birth of a son-in-law, dated October 29, 2012:
Change the child's last name to "E.....";
Write the child's middle name as "A.....";
Write it down in full as – "E.Ya.A.";
In the "Father" column, specify "E.A.V.";
Leave the child's name, date, month, year, and place of birth unchanged.
When the personal data of an adopted child is changed, a new record of the state registration of birth is registered, with the conditional exclusion of the individual identification number from the National Register of Individual Identification Numbers. Based on the above–mentioned decision, where gr. EA.V. is the father of HER minor child.V., which is also confirmed by the experts' conclusion, where they concluded that the probability of true paternity for an EAB citizen in relation to a child is 99.9999%.
Recovery of alimony after establishment of paternity
The Code "Equality of Spouses in the Family" stipulates that spouses enjoy equal rights and bear equal responsibilities. The spouses are obliged to build their family relationships on the basis of mutual respect and mutual assistance, to promote the well-being and strengthening of the family, to take care of the health, development of their children and their well-being, which has been maliciously ignored by the Defendant for a long time. Article 70. "The rights and duties of parents in the upbringing and education of a child" of the Code stipulates and obliges that Parents are obliged to take care of their child's health and are obliged to raise their child and are responsible for ensuring the necessary living conditions for his physical, mental, moral and spiritual development. Unfortunately, the Debtor has lived and is living his own life by himself. All the money earned by the Defendant is spent on his own unknown needs. All family expenses are borne by the Applicant. Since the filing of the claim for establishing paternity, the Defendant has never provided the child with material, financial assistance or moral support. Based on the above, guided by Articles 138-140 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", Articles 140,145-147 of the CPC of the Republic of Kazakhstan, THE COURT WAS ASKED to: Issue a court order to recover alimony from EA.V., IIN......, for the maintenance of a minor child until the age of majority in the amount of 1/4 of all types of earnings of the defendant in favor of the Applicant – Z.V.A., IIN ................; All expenses related to the recovery of alimony in accordance with the norms of the Civil Procedure Code of the Republic of Kazakhstan should be borne by the Debtor. Thus, on October 26, 2020, the court issued a court order to recover from the biological father in favor of the guardian alimony for the maintenance of an underage child in the amount of one quarter of all types of earnings and/or other income monthly, starting from October 23, 2020 until his majority, that is, until October 26, 2030, and the state income tax of the state in the amount of 2,939 tenge. Court order regarding the penalty
The alimony payment is sent for execution immediately. Subsequently, after the initiation of Enforcement proceedings by a Private bailiff, objections to the stated claim were received from the debtor EA.V. on November 5, 2020. In accordance with part 2 of Article 141 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), where the debtor has the right, within ten working days from the date of receipt of a copy of the court order or from the day when he became aware of its issuance, to send objections to the court that issued the court order. In accordance with the requirements of part 1 of Article 142 of the CPC, the judge cancels the court order if the debtor objects to the stated claim within the prescribed period. As can be seen from the materials of the electronic civil case, a copy of the court order was sent to the debtor EA.V. on October 26, 2020, by the court at his place of residence. Since the parties have not determined the place of residence of the minor child and this dispute is being considered by the specialized interdistrict Juvenile Court No. 2 of the Almaty region, the court considers that the debtor's application is subject to satisfaction, the court order is canceled, and the recoverer is given the right to appeal to the court in the order of the claim proceedings. Guided by Articles 141, 268-269 of the CPC, the court DETERMINED: The Court order of the Balkhash District Court dated October 26, 2020 on the recovery of alimony for the maintenance of a minor child from the EAW in favor of the guardian of the ZVA should be canceled.
Recovery of alimony after establishment of paternity
Subsequently, we sent a Statement of Claim for child support to the Balkhash District Court of the Almaty region. According to Article 138 of the Code "On Marriage (Matrimony) and the Family", it is stipulated that if parents voluntarily do not provide funds for the maintenance of their minor children, as well as adult children studying
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Адвокат Алматы Заңгер Қорғаушы Заң қызметі Құқық қорғау Құқықтық қөмек Заңгерлік кеңсе Азаматтық істері Қылмыстық істері Әкімшілік істері Арбитраж даулары Заңгерлік кеңес Заңгер Адвокаттық кеңсе Қазақстан Қорғаушы Заң компаниясы
