Recovery of alimony for the maintenance of a minor child for the past period
The Ust-Kamenogorsk City Court of the East Kazakhstan region, rejecting the claim of K-va M.E. to K-va S.S. for the recovery of alimony for the maintenance of a minor child over the past period, motivated its conclusions as follows.
In accordance with article 164 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", a person entitled to receive alimony has the right to apply to the court for recovery of alimony, regardless of the period that has expired since the right to alimony arose, if alimony was not paid earlier under an agreement on the payment of alimony. Alimony is awarded from the moment of applying to the court. Alimony for the past period may be collected within a three-year period from the date of applying to the court, if the court finds that measures were taken to obtain funds for maintenance before applying to the court, but the alimony was not received due to the evasion of the person obligated to pay alimony from their payment.
According to articles 65, 66 of the Code of Civil Procedure (hereinafter referred to as the CPC), each party must prove the circumstances to which it refers as the grounds for its claims and objections. From the literal interpretation of the law, it follows that before applying to the court, the plaintiff should have taken measures to obtain funds for the maintenance of the child, but the alimony was not received due to the evasion of the person obligated to pay alimony from their payment.
During the court session, the relevant evidence indicating that the plaintiff had taken any measures to recover alimony from the defendant and the defendant had evaded their payment was not presented to the court by the plaintiff, and therefore the claim was reasonably denied.
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