Recovery of alimony | Maintenance of a minor child | Duties of parents to support minor children
The Zhetysu District Court of Almaty, with the participation of a representative of the plaintiff, Sarzhanov G.T. (by proxy), considered in open court a civil case on the claim of the TGA against the SHR for the recovery of alimony for the maintenance of a minor child T.G.A. filed a lawsuit against S.H.R. for the recovery of alimony | Maintenance of a minor child | Duties of parents to support minor children maintenance allowances for a minor child CV{, born on May 22, 2014. At the hearing, the plaintiff's representative, G.T. Sarzhanov. He supported the claim based on the arguments stated in it, and asked for it to be satisfied. The defendant, S.H.R., did not appear at the court session, although proper court notices were sent to him about the time and place of the court session. The court, based on art.196 part 4 of the CPC RK, taking into account the opinion of the plaintiff's representative, considers it possible to consider the case on the merits in the absence of the defendant. After listening to the explanations of the parties, examining the case materials and evaluating the evidence presented, the Court comes to the following conclusion: The Court found that the parties have a minor daughter, SMH, born on May 22, 2014. According to the birth certificate, the father of a minor child is a father. In accordance with Articles 138, 139 of the Marriage and Family Code of the Republic of KazakhstanRecovery of alimony | Maintenance of a minor child | Parental responsibilities to support minor children Parents are required to support their minor children. In the absence of an agreement on the payment of alimony, alimony for one child is collected by the court from their parents in the amount of one quarter of the parents' earnings and (or) other income. The defendant, in accordance with art.72 of the CPC RK, did not provide the court with evidence confirming the existence of an agreement between the parties on the payment of alimony for the maintenance of a minor child.
Recovery of alimony | Maintenance of a minor child | Duties of parents to support minor children
In such circumstances, the claim must be satisfied. The court, on the basis of art.164 part 2 of the Code of the Republic of Kazakhstan "On Marriage and Family", considers it necessary to set a date for the recovery of alimony starting from December 29, 2016, taking into account the specified date of the plaintiff's claim to the court. In accordance with Article 116 of the Civil Procedure Code of the Republic of Kazakhstan, a state fee is charged from the defendant to the state revenue, from which the plaintiff is exempt upon filing a lawsuit in court, in the amount of 1,135 tenge (50% of the MCI). Based on the above, guided by Articles 223-226, 403 of the Civil Procedure Code of the Republic of Kazakhstan, the court decided: To satisfy the claim of the TGA. To collect alimony from the CFS in favor of the TGA for the maintenance of a minor child of the CMH, born on May 22, 2014, in the amount of one quarter (1/4) of the defendant's earnings and (or) other income, monthly, starting from December 29, 2016, until the child reaches the age of majority. The court's decision based on Article 243 of the Civil Procedure Code of the Republic of Kazakhstan should be immediately enforced.
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