-thumb.webp "Recovery of alimony for the maintenance of a spouse")
Recovery of alimony for the maintenance of a spouse
When collecting alimony for the maintenance of a spouse, it is necessary to follow the normative resolution of the Supreme Court of the Republic of Kazakhstan, from paragraph 14 "On the application of legislation by courts when considering cases of divorce" No. 5 dated April 28, 2008, it follows that, dissolving a marriage at the request of a spouse entitled to receive maintenance from another spouse, the court I am obliged to determine the amount of this content.
The recovery of alimony for the maintenance of a spouse is provided for by the Code of the Republic of Kazakhstan "On Marriage and Family" (hereinafter referred to as the Code)
In the event of refusal of such support and the absence of an agreement between the spouses on the payment of alimony, the right to demand the provision of alimony in court from the other spouse, who has the necessary funds for this, have:
1) a spouse who is unable to work and in need;
2) the spouse during pregnancy and within three years from the date of birth of the common child;
3) a needy spouse who takes care of a common disabled child until he reaches the age of eighteen, as well as in the case of determining a common disabled child upon reaching the age of eighteen, disability groups I - II.
148 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", similar duties of spouses remain after the dissolution of marriage.
The amount of alimony levied on spouses and former spouses in court is determined in accordance with the requirements of Article 149 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", based on the material and marital status of the spouses (former spouses) and other noteworthy interests of the parties in multiple of the monthly calculation index in force at the time alimony payments.
The grounds and cases for the release of a spouse from the obligation to support another spouse or the limitation of this obligation for a period, both during and after marriage, are provided for in Article 150 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family."
According to subclause 4) of clause 1 of Article 1 of the Code, alimony is a monetary or material maintenance that one person is obliged to provide to another person who has the right to receive it.
The legislator stipulates that the spouse has the right to alimony for their maintenance up to the age of three of the common child. The legislator associates these alimony relations with the inability of the spouse to work, since she is caring for a common child.
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.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
