Recovery of Child Support for Minor Children in a Fixed Monetary Amount
A claim for the recovery of child support in a fixed monetary amount was filed with the Specialized Inter-District Court for Juvenile Cases of Almaty Region.
On February 12, 2020, the Zhetysu District Court of Almaty, presided over by Judge Kanatbayev S., issued a court order, according to which child support was recovered from SDK (hereinafter referred to as the Respondent) in favor of NOI AM (hereinafter referred to as the Claimant) for the maintenance of minor children: K A D, born on September 22, 2006, and K A D, born on July 8, 2009, in the amount of 1/3 of earnings and/or other income on a monthly basis, commencing from February 11, 2020, until they reach the age of majority.
Within the framework of enforcement proceedings, since 2020, child support has been withheld from the Respondent’s official salary at Almol LLP. Throughout all these years, his documented income fully corresponded to the minimum wage — initially KZT 44,000, then KZT 60,000, KZT 70,000, and KZT 85,000. Such “stability” of the income level amid a changing labor market and given the high level of responsibility of the position actually held by the Respondent cannot be explained otherwise than by the employer’s intentional understatement of official payments and concealment of the Respondent’s actual income.
As a result, the Claimant’s children received negligible amounts of child support: KZT 6,534 per child per month, which clearly does not cover the subsistence minimum and does not ensure the satisfaction of the child’s basic needs. After the elder daughter, Aruzhan, reached the age of majority, child support is withheld in the amount of 1/4 of earnings — only KZT 18,651 per month, which likewise is not an amount capable of ensuring the child’s proper maintenance.
At the same time, the Claimant has reliable information that the Respondent is actually employed as the Head of the Security Service of the holding, which includes Almol LLP. The founder of the company is Sh A A, who is also the founder of the large enterprise Sh-L LLP. The Respondent himself once informed the Claimant that his actual salary was approximately KZT 1,200,000, which is completely inconsistent with the official information. His actual financial situation is also confirmed by other circumstances: the Respondent constructed a residential house at the following address: Almaty Region, Ili District, village B, D. K. Street, 68. It is objectively impossible to construct a similar house within a short period of time on an income equal to the minimum wage. In addition, the representative has photographic and video materials confirming the Respondent’s status in the Sh-L company.
Thus, the Respondent deliberately conceals his actual income, ensuring himself a high standard of living, while his child receives child support which, in terms of its amount, is rather symbolic than genuinely aimed at meeting the child’s needs. This conduct violates Articles 66, 67 and 138 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family”, the principle of equal participation of parents in the maintenance of the child, and also places the child in manifestly unequal conditions, which is impermissible both from the standpoint of law and morality.
Article 141 of the Code “On Marriage (Matrimony) and Family” expressly provides for the possibility of recovering child support in a fixed monetary amount if recovery in proportion to earnings does not ensure the interests of the child, is difficult, or is deprived of real effectiveness — which fully corresponds to the present case. Withholding 1/4 of artificially understated income defeats the very purpose of child support obligations and clearly violates the rights of the child, also guaranteed by Article 27 of the Convention on the Rights of the Child.
In view of the foregoing, the Claimant’s representative considers that it is fair, lawful and necessary to establish child support in a fixed monetary amount corresponding to the Respondent’s actual level of income.
Pursuant to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), upon the motion of the party in whose favor the judgment was rendered, the court shall award from the other party the expenses incurred by that party for payment for the assistance of a representative (several representatives) who participated in the proceedings and was not in an employment relationship with that party, in the amount of the expenses actually incurred by the party.
An Agreement No. 1110/25 dated October 11, 2025, for the provision of legal assistance (hereinafter referred to as the Agreement) was concluded between the Claimant and the Law Firm Zakon i Pravo, pursuant to which the Law Firm Zakon i Pravo provides the Claimant with assistance in representing her interests before the court of first instance in the present civil case, and the Claimant paid KZT 400,000 for legal assistance.
As provided for in Article 616, paragraph 4, of the Code of the Republic of Kazakhstan “On Taxes and Other Obligatory Payments to the Budget” (Tax Code), “Exemption from Payment of State Duty in Courts”, claimants in claims for the recovery of child support are exempt from payment of state duty in courts; accordingly, under the circumstances of this case, the Claimant is exempt from payment of state duty in court.
Based on the foregoing, guided by Article 141 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family” and Articles 140, 145–147 of the CPC of the Republic of Kazakhstan, the CLAIMANT REQUESTS THE COURT:
To recover from the Respondent, SDK, in favor of the Claimant, NOI AM, child support in the form of a fixed monetary amount of 100 MCI per month;
To recover from the Respondent, SDK, in favor of the Claimant, NOI AM, representative expenses in the amount of KZT 400,000.
On April 3, 2026, the Specialized Inter-District Court for Juvenile Cases of Almaty Region considered, in an open court hearing with audio-video recording by means of videoconferencing, civil case No. 1996-25-00-2/7170 concerning the recovery of child support in a fixed monetary amount.
The Court, pursuant to Article 141 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family” (hereinafter referred to as the Code), where there is no agreement between the parents on the payment of child support for minor children and in cases where recovery of child support in proportion to the parent’s earnings and/or other income is impossible, difficult, or substantially violates the interests of one of the parties, is entitled to determine the amount of child support payable monthly in a fixed monetary amount or simultaneously as a percentage and in a fixed monetary amount.
The amount of the fixed monetary sum shall be determined by the court based on the amount of the monthly calculation index, to the extent of maximum possible preservation of the child’s previous level of support, taking into account the financial and family circumstances of the parties and other circumstances deserving attention.
Pursuant to paragraphs 3–5 of Article 8 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), good faith of participants in civil legal relations and reasonableness of their actions shall be presumed unless otherwise proven.
The conduct of one of the parties may be recognized as lacking good faith not only where there is a substantiated statement by the other party, but also at the initiative of the court if there is an apparent deviation of the participant in civil transactions from good-faith conduct.
If bad faith conduct of one of the parties is established, the court, depending on the circumstances of the case and taking into account the nature and consequences of such conduct, shall refuse to protect the right belonging to that party in whole or in part, and shall also apply other measures ensuring the protection of the interests of the good-faith party or third parties from the bad-faith conduct of the other party.
The prevention of abuse of rights is a generally recognized principle of law.
In this regard, the Respondent’s actions in taking employment with a low salary, as well as refusing to seek other, better-paid employment and additional income despite having a minor child in need of maintenance, do not meet the criteria of reasonableness and good faith, indicate an intentional deterioration of his financial position, and are aimed at reducing the amount of child support payments.
Pursuant to Article 138 of the Code, parents are obliged to maintain their minor children.
This obligation is unconditional and is not made dependent by the legislature on the existence or absence of a citizen’s permanent and sufficient income.
Based on the foregoing, the Respondent’s permanent employment and regular earnings cannot serve as an unconditional ground for refusing to satisfy a claim for the recovery of child support in a fixed monetary amount, since, based on the circumstances established in the case and taking into account the priority protection of the interests of children, the Claimant’s claims are well-founded.
In turn, the Respondent did not provide the court with evidence of his participation as a parent in purchasing clothing, footwear, or covering other expenses for the children after the termination of his relationship with the Claimant.
At the same time, the fact that a parent has permanent employment and regular earnings cannot serve as an unconditional ground for refusing to satisfy a claim for recovery from such person of child support for a minor child in a fixed monetary amount or simultaneously as a percentage and in a fixed monetary amount, if the court establishes that recovery of child support in proportion to the parent’s earnings and/or other income does not make it possible to preserve the child’s previous level of support and that recovery of child support in a fixed monetary amount or simultaneously as a percentage and in a fixed monetary amount will best meet the interests of the child and will not violate the rights of the said parent.
The Court established that the Respondent, SD.K., owns real property, acquired after the dissolution of the marriage, namely a land plot located at the following address: Almaty Region, Ili District, Karaoy Rural District, village N, Zh Street, plot 11, as well as a residential house located at the following address: Almaty Region, Ili District, B Rural District, village B, D.K. Street, plot 68, acquired on the basis of a sale and purchase agreement dated February 17, 2023.
Since the amount of child support received by NA.M. is insufficient to ensure the child’s normal living conditions and substantially violates her rights, and also does not allow the child’s previous level of support to be preserved, the Court considers it fair to additionally recover from the Respondent, in addition to the previously awarded child support in the amount of 1/4 of all types of earnings and/or other income for the maintenance of the child, child support in a fixed monetary amount of 15 MCI per month until she reaches the age of majority.
The amount of the fixed monetary sum shall be determined by the court based on the amount of the monthly calculation index, to the extent of maximum possible preservation of the child’s previous level of support, taking into account the financial and family circumstances of the parties and other circumstances deserving attention.
Under these circumstances, the Court, taking into account the financial and family circumstances of the parties, concludes that the claim of NA.M. is subject to partial satisfaction, with the recovery from the Respondent of child support in a fixed monetary amount of 15 (fifteen) monthly calculation indices, which constitutes KZT 64,875.
In assessing the Respondent’s financial situation, the Court takes into account his working age and his ability to obtain additional earnings or other income.
Having examined the financial situation of the parties, the Court considers that recovery of child support in a fixed monetary amount of 15 MCI will ensure stability in the maintenance of the child and will also make it possible to comply with the principle of proportionality of the material assistance received by the child.
Part 5 of Article 6 of the CPC provides that if the law or an agreement between the parties to the dispute provides for the relevant issues to be resolved by the court, the court is obliged to resolve these issues based on the criteria of fairness and reasonableness.
The Court proceeds from the necessity of maximum possible preservation of the child’s previous level of support (part 3 of Article 141 of the Code), taking into account the financial and family circumstances of the parties.
Pursuant to part 1 of Article 164 of the Code, child support shall be awarded from the date of applying to the court.
Pursuant to Article 243 of the CPC, judgments awarding child support shall be subject to immediate enforcement.
Pursuant to part 1 of Article 117 of the CPC, the state duty from which the Claimant was exempted shall be recovered from the Respondent, who is not exempt from payment of court expenses, to the state budget.
Pursuant to Article 109 of the Civil Procedure Code of the Republic of Kazakhstan, the party in whose favor the judgment was rendered shall be awarded all court expenses incurred in the case from the other party.
Guided by Articles 223–226 of the Civil Procedure Code, the Court DECIDED:
To partially satisfy the claim of N A M against SDK for the recovery of child support in a fixed monetary amount.
To recover from SDK in favor of N A M child support in the amount of 15 (fifteen) monthly calculation indices, commencing from November 21, 2025, and until KAD, born on July 8, 2009, reaches the age of majority, that is, until July 8, 2027.
To recover from SDK in favor of N A M court expenses for payment for the assistance of a representative in the amount of KZT 200,000 (two hundred thousand).
To recover from SDK to the state budget state duty in the amount of KZT 7,078 (seven thousand seventy-eight).
The court judgment in the part concerning the recovery of child support shall be subject to immediate enforcement.
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