Recovery of funds for the maintenance of minor children
The Republic of Kazakhstan asserts itself as a democratic, secular, legal and social state, the highest values of which are the person, his life, rights and freedoms.
Human rights and freedoms are guaranteed by the Constitution, which enshrines their inalienability.
Family, marriage and family, motherhood, fatherhood and childhood are under the protection of the state. The care and upbringing of children is a natural right and duty of parents.
In accordance with the Code "On Marriage and Family", parents are obliged to provide for their minor children, as well as adult children studying full-time, until the age of 21.
In the absence of an agreement on alimony, the amount of alimony is determined by the court:
1. For one child - 1/4 of income.
2. For two children - 1/3 of the income.
3. For three or more children - half of the income.
The amount of alimony can be changed taking into account the determining type of income from which the deduction is made.
In exceptional circumstances (for example, a serious illness of a child), parents may be involved in additional expenses.
The Law "On the Rights of the Child in the Republic of Kazakhstan" regulates additional aspects of the protection of the rights of minors and regulates relations arising in connection with the implementation of the basic rights and legitimate interests of the child, guaranteed by the Constitution of the Republic of Kazakhstan, based on the principles of priority of preparing children for a full life in society, the development of socially significant and creative activity in them, the education of high moral qualities, patriotism and citizenship. the formation of national self-consciousness on the basis of universal values of world civilization.
In accordance with paragraph 3) of Article 76 of the Constitution of the Republic of Kazakhstan, Articles 127, 472 of the Criminal Procedure Code of the Republic of Kazakhstan, Part 2 of Article 21 of the Civil Procedure Code of the Republic of Kazakhstan, Article 884 of the Code of the Republic of Kazakhstan on Administrative Offenses, judicial acts that have entered into force, as well as orders, demands, instructions, summonses, requests and other appeals of courts and judges in the administration of justice, decisions on the imposition of administrative penalties are mandatory for all state bodies, local self-government bodies, legal entities, officials, citizens and are subject to execution throughout the territory of the Republic of Kazakhstan. Note to Part 3 of Article 430 of the Criminal Code of the Republic of Kazakhstan.
Article 430 of the Criminal Code of the Republic of Kazakhstan establishes liability for failure to execute a sentence, court decision or other judicial act or enforcement document that has entered into legal force for more than six months, as well as obstruction of their execution - punishable by involvement in community service, restriction of freedom or imprisonment for up to six years.
Regulatory Resolution No. 12 of the Supreme Court of the Republic of Kazakhstan dated December 19, 2003. On Liability for Failure to Execute Judicial Acts provides that evasion of the execution of judicial acts that have entered into force and an enforcement document of a property nature, as well as on the recovery of funds for the maintenance of minor children, disabled children who have reached the age of eighteen, or for the maintenance of their disabled parent, it is necessary, In particular, to consider the debtor's refusal without good reason (from the moment of notification of the bailiff) or from the moment of dismissal from the place of work:
1. within a month, apply to the competent state bodies to register him/her as a person in need of employment;
2. refusal two or more times after registration as a person in need of work from the proposed vacant position;
3. voluntary dismissal from the place of work within a month after employment;
4. purchase of vouchers to resort and health complexes of the country and abroad, other luxury items and receipt of expensive paid services;
5. concealment of part of the actual salary and (or) income as a result of employment with the establishment of an official understated salary and (or) income from entrepreneurial activity in order to understate monthly payments to the claimant;
6. intentional, in violation of the statutory priority of debt repayment, the fulfillment of monetary obligations and (or) the assignment of the right to claim money and property to third parties in case of an outstanding debt under a court decision or an enforcement document.
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