Recovery of alimony for the maintenance of minor children
Thus, the acceptance of the statement of claim from Zh.M. to N.V. S.A. for the recovery of alimony arrears in the amount of 210,964 tenge was refused (Bostandyk District Court of Almaty) on the basis of paragraph 2, paragraph 1, Article 153 of the CPC, since the court order of November 23, 2001 recovered from N.S.A. alimony payments in favor of Ms. Zh.M. for the maintenance of the minor daughter of N. D. S. in the amount of 1/4 of all types of earnings or other income per month, starting on 11/23/2001 and until she reaches the age of majority.
According to Article 169 of the Code "On Marriage (Matrimony) and Family", the amount of alimony arrears paid for minor children in accordance with Article 139 of this Code is determined by the bailiff based on the salary and other income of the person obligated to pay alimony for the period during which alimony was not collected.
Thus, the determination of the amount of debt falls within the competence of the bailiff. In case of disagreement with the determination of alimony arrears by the bailiff, either party may appeal against his actions in accordance with the procedure provided for by law (art.169).
The acceptance of the claim of the SOS of the Children's Village of Temirtau against Me for the recovery of alimony was refused in accordance with paragraphs 1) paragraph 1 of Article 153 of the CPC of the Republic of Kazakhstan, since this application is not subject to consideration and resolution in civil proceedings (Oktyabrsky District Court of Karaganda). According to the claims, the plaintiff asked the court to inform about the work done to recover alimony from Ms. Y.S., born on 07/09/1982.; if it is impossible to collect the debt, resolve the issue in accordance with the Law of the Republic of Kazakhstan "On Enforcement proceedings and the status of bailiffs", that is, provide the following documents: a copy of the writ of execution; explanatory notes of the debtor Mr. Y.S. for 2011-2014; warning under Article 136 of the Criminal Code of the Republic of Kazakhstan for 2011-2014; resolution on determining the amount of alimony arrears as of 06/01/2015
Also, applications are lawfully returned on the basis of paragraph 7) paragraph 1 of art. 154 of the CPC RK, that is, if the plaintiff has stated this.
These circumstances, that is, the correct application of the law, are important for the applicant, since the refusal to accept the application and the return of the application entail different legal consequences. In the first case, according to paragraph 2) paragraph 1 of Article 153 of the CPC RK, the refusal to accept the application prevents the applicant from re-applying to the court with a claim against the same defendant, on the same subject and on the same grounds. And the return of the application does not prevent a second appeal if the violation is eliminated.
Article 138 of the Code "On Marriage (Matrimony) and the Family" provides for the duties of parents for the maintenance of minor children.
It follows from this rule that parents are required to support their minor children. The procedure and form of providing maintenance for minor children are determined by the parents themselves. Parents have the right to conclude an agreement on the maintenance of their minor children, as well as adult children studying in the system of general secondary, technical and vocational education, after secondary education, in the system of full-time higher education (an agreement on the payment of alimony).
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