Recovery of alimony for the maintenance of children with the establishment of paternity

Most of the cases in this category are initiated on claims by mothers of minor children for establishing paternity and collecting alimony for the maintenance of minor children.

In accordance with the specified Articles 48 and paragraph 2 of the Regulatory Resolution, courts should take into account evidence reliably confirming the origin of the child from a specific person (cohabitation, running a common household before the birth of the child, joint upbringing or maintenance of the child, expert opinions, etc.).

These circumstances must be established using the means of proof listed in Part 2 of Article 64 of the CPC RK – explanations of the parties and third parties, witness statements, written or physical evidence, expert opinions.

Many claims for establishing paternity and collecting alimony are recognized by the defendants, and in such cases, the courts correctly, in accordance with Part 1 of Article 49 of the Civil Procedure Code of the Republic of Kazakhstan, take away receipts for recognizing the claim from the defendants and, in accordance with Part 4 of Article 193 of the Civil Procedure Code of the Republic of Kazakhstan, make decisions on satisfying the requirements for recognizing paternity, as well as on collecting child support.

For example, by the decision of the Kokshetau City Court of the Akmola region dated February 18, 2015, the claim of R.M. Mustakhanov to Z.V. Aisina for establishing paternity in relation to a minor child was satisfied, since the defendant acknowledged paternity in relation to a minor child in court, and submitted a written statement to the court.

There are also cases when the defendants do not actually participate in the consideration of the case, but notarized statements of the defendants about the recognition of paternity and the absence of the need for a molecular genetic examination are submitted to the court.

In such cases, the courts correctly attach such written statements to the case and make decisions on satisfying the plaintiffs' claims, since in accordance with Part 3 of Article 78 of the CPC RK, if the recognition of the fact is stated in a written statement, it is attached to the case, and the recognition by the party of the facts on which the other party bases its claims or objections, releases the latter from the need for further proof of these facts.

In cases where paternity is not recognized by the defendant, in order to reliably establish the child's origin from a specific person, the courts appoint appropriate molecular genetic examinations, according to the results of which the courts, in cases of confirmation of paternity by the expert opinion, decide on the recognition of paternity, and on the rejection of the claim, in cases of non-confirmation of paternity by the expert opinion.

 

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