Recovery of alimony for the maintenance of a spouse

In the Akmola region, one decision was canceled, which satisfied the claim of M.E.N. to M.A.I. for the recovery of alimony for the maintenance of a spouse. Alimony was collected from M.A.I. in favor of M. E.N. for her maintenance in the amount of five times the monthly calculation index in effect at the time of alimony payment.

In the appeal, the defendant M.A.I. he asked the court to change the decision and make a new decision on collecting alimony from him in favor of the plaintiff for the maintenance of his spouse in the amount of three times the monthly calculation index in effect at the time of alimony payment, arguing that his salary is 20,000 tenge, alimony in the amount of 38% of his earnings was collected by the court for two children, the court he collected 5 monthly calculation indices (hereinafter MCI) for the maintenance of his spouse, when adding up the alimony collected, it turns out that more than half of his earnings will be withheld for alimony, which contradicts the Constitution of the Republic of Kazakhstan and the Labor Code.

The court of first instance, fully satisfying the plaintiff's claims, incorrectly applied the norms of substantive law.

The court found that the plaintiff is on parental leave for up to three years. No agreement was reached between the parties on the payment of alimony for the plaintiff's maintenance before filing a claim with the court and during its consideration. The defendant has no other sources of income other than wages.

With reference to Part 1, Part 3, Article 137 of the Labor Code of the Republic of Kazakhstan, that the total amount of all alimony collected exceeds half of the defendant's salary, the court's decision was changed and the amount of alimony for the maintenance of the spouse was reduced to three times the monthly calculation index.

 

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