Recovery of alimony for payment in the higher education system

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To the Al-Farabiysky District Court of Shymkent

Republic of Kazakhstan, Shymkent, Mailykozha str., 7.

The plaintiff: _______________________________

IIN: ______________________

address: _____________________________________

bodys: _______________________________________

Representative by proxy:

Sarzhanov Galymzhan Turlybekovich

IIN: 850722301036.

Almaty, Medeu district,050002,

50 Zhibek Zholy Ave., office 202, Business center Block.

info@zakonpravo.kz /www.zakonpravo.kz

+ 7 (708) 578 57 58.

The defendant: .................................

IIN:................................................

Almaty, Medeu district,050002,

50 Zhibek Zholy Ave., office 202, Business center Block.

+ 7 (708) 578 57 58.

                                       Statement of claim

on the recovery of additional alimony payments in the higher education system

           Since 19.... year by 20.......... year gr. ................. (hereinafter referred to as the Plaintiff), cohabited with the defendant ............... ( Hereinafter referred to as the defendant), in a civil marriage. As a result of living together, a daughter was born ....................... (Hereinafter referred to as the daughter), born on 12/07/1999. After the birth of my daughter ....... The defendant independently applied to the registry Office and recognized paternity and gave her his last name and patronymic, as evidenced by the Birth Certificate of the child. Since the birth of the child, the Defendant has been providing varying financial support According to the Court Order of the Al-Farabi District Court of Shymkent from "___"_________20.. It was decided to collect alimony from the Defendant in favor of his Daughter in the amount of one quarter of the total income from the moment of filing the application until the age of majority. Today he is a private bailiff ................ Forcibly collects alimony. The defendant does not participate and does not take part in the upbringing of his daughter as a father and has never accepted a wound, while the Plaintiff constantly asks to pay attention to his daughter.

Currently, the Daughter has enrolled in a paid form of study at a higher educational institution, M. Auyezov State University, located in Shymkent, as evidenced by the certificate dated 12.03.20... According to the terms of paid tuition, the daughter must make a payment in the amount of 500,000 tenge for one year of study, as evidenced by the invoice for payment dated 03/13/2020... of the year. The Plaintiff is currently experiencing financial difficulties and it is not possible for her to fully pay for one year of education, since the Daughter is completely dependent on the Plaintiff. According to Article 144. The Code of the Republic of Kazakhstan on Marriage and Family (hereinafter referred to as the Marriage and Family Code) "The participation of parents in additional expenses for the maintenance of children" is stipulated:

1. In the absence of an agreement on the payment of alimony and in the presence of exceptional circumstances (serious illness, injury of minor children or disabled adult children in need of assistance, the need to pay for outside care for them and other circumstances), each parent may be brought by the court to participate in additional expenses caused by these circumstances.

2. If the procedure for the parents' participation in additional expenses and the amount of these expenses are not determined by mutual agreement, they shall be determined by the court based on the financial and marital status of the parents, other children and the interests of the parties that deserve attention in multiples of the monthly calculation index at the time of payment of alimony payable monthly.

3. The court has the right to oblige parents to participate in both the actual additional expenses incurred and the additional expenses that must be incurred in the future for the maintenance of children. The Information Letter of the Advisory Council for the Development of a unified judicial practice in the Administration of Justice of the Karaganda Regional Court dated June 6, 2012 No. 10 "On the practice of considering civil cases for the recovery of alimony for minors and adult children" recommended: In order to form a uniform judicial practice of considering civil cases related to the recovery of alimony amounts for the maintenance of adult children, students in the system of general secondary, technical and vocational, after secondary education, in the system of full-time higher education under the age of 21, as well as disputes about changing the amount of alimony for minor children previously established by the court, the Advisory Council recommends the following.

According to paragraph 2 of Article 141 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter referred to as the Code), the collection of maintenance for children studying in the system of general secondary, technical and vocational, after secondary education, in the system of full-time higher education under the age of 21, in the absence of an agreement alimony payments are made in court in a fixed amount of money. In accordance with the requirements of art. 17 of the Civil Code, the ability of a citizen to acquire and exercise civil rights by his actions, create civil duties for himself and fulfill them arises in full upon reaching the age of majority, i.e. upon reaching the age of eighteen. It follows from the above that, being a capable citizen, a claim for the recovery of alimony amounts for his maintenance until he reaches the age of 21, provided that he studies in the system of general secondary, technical and vocational education, after secondary education, in the system of full-time higher education, is brought by the adult child himself and/or his representative in accordance with the requirements of the Supreme Court RK, not his parent.

By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests. In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests. In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings.

113, CPC RK. At the request of the party in whose favor the Decision was made, the court awards, on the other hand, the costs incurred 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. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices.

Article 30, paragraph 4, of the Civil Procedure Code of the Republic of Kazakhstan "Jurisdiction at the choice of the plaintiff" defines: Claims for establishing paternity and for collecting alimony may be filed by the plaintiff at his place of residence. As stipulated in the Code of the Republic of Kazakhstan On Taxes and Other Mandatory Payments to the Budget (Tax Code), Article 616, paragraph 4, "Exemption from payment of state duty in courts", Plaintiffs are exempt from paying state duty in courts for alimony claims, respectively, in these circumstances of the case, the Plaintiff is exempt from paying state duty in the court. On the basis of the above, guided by the norms of legislation,

I ask the Court:

Recover gr from the Defendant. .................................................. additional funds in the form of alimony in a fixed amount of money, for payment in the higher education system in the amount of 20 MCI per month;

Recover gr from the defendant. ........................, in favor of the Plaintiff, the amount of expenses incurred to pay for the assistance of a representative in the amount of ................... tenge;

Sincerely, Proxy Representative:                                                                                                   ________________/Sarzhanov G.T.

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.  

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