Review of the Statement of Claim for exemption from alimony

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In ____________ District court

Cities of Almaty

from the defendant: ___________________

IIN: ____________

place of residence: _____________

bodys.: _____________

Objection

for a statement of claim for exemption from alimony for the maintenance of a former spouse

___________________ the district court issued a decision on recovery from gr. ___________________ ________ G.R. in favor of gr. ___________________ ________ G.R. alimony for her maintenance in the amount of 8 MCI, starting from ________ year and up to the age of a common child, ___________________ ________ G.R., three years old. I consider the court's decision to be justified, lawful and enforceable. However, gr. _____________ Currently, he refuses to comply with the court's decision, citing various circumstances. There is a civil case pending in your case. ___________________ on the exemption from alimony for the maintenance of the former spouse, who justifies his claims by the fact that he currently has two dependent young children from his first marriage who live His parents, who are retired, are with him. He also claims that alimony is being collected from him for the maintenance of our common child., ______________, in the amount of one quarter of the salary. Further, according to the plaintiff, he pays for two loans that we allegedly took jointly to purchase property and clothes for the child. Dear Court, I do not agree with the above arguments of the plaintiff, since __________ district court, when making a decision of _________, taking into account the marital and financial situation of the parties, the existence of a court order for the recovery of alimony with gr. ___________________ in favor of gr. ___________________ for the maintenance of a minor child, the availability of loans, and the dependent status of minor children from a first marriage for whom alimony has not been collected from the mother, the court reduces the amount of alimony to 8 MCI, instead of the 15 MCI presented. I also want to note that the plaintiff has a stable source of income. The plaintiff's parents receive a pension and are able to provide for themselves. The plaintiff further claims that we jointly took out two loans to purchase property and clothes for the child, but I did not receive any property or any funds. Thus, dear Court, the Plaintiff's arguments that he is currently unable to pay alimony for my maintenance are not being confirmed. The Plaintiff also states in the Statement of Claim that I am a physically healthy woman, have a secondary special education, and am an individual entrepreneur. However, due to the fact that my child is very young, I am on maternity leave to care for a child, and I do not have the opportunity to work, I suspended the activities of the sole proprietor until the child reaches the age of three, I have no other source of income. From the above circumstances, it follows that all the arguments of the Plaintiff are not substantiated. In accordance with Articles 147, 149 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", Spouses are obliged to financially support each other. In case of refusal of such support and the absence of an agreement between the spouses on the payment of alimony, the following persons have the right to demand the provision of alimony in court from the other spouse who has the necessary funds for this: the spouse during pregnancy and within three years from the date of birth of the common child. In the absence of an agreement between the spouses (former spouses) on the payment of alimony, the amount of alimony levied on the spouse in court is determined by the court based on the material and marital status of the spouses and other noteworthy interests of the parties in multiple of the monthly calculation index in effect at the time of payment of alimony. The response to the Statement of Claim for exemption from alimony In art. 148. The Code also states: the right to demand the provision of alimony in court from the former spouse, who has the necessary means for this, has: the former spouse during pregnancy and before the common child reaches the age of three. According to paragraph 2 of Article 164 of this Code, alimony is awarded from the moment of applying to the court. In accordance with Articles 75-78 of the Constitution of the Republic of Kazakhstan, everyone has the right to be heard in court; Courts do not have the right to apply laws and other regulatory legal acts that infringe on human and civil rights and freedoms enshrined in the Constitution. If the court finds that a law or other regulatory legal act to be applied infringes on the rights and freedoms of a person and citizen enshrined in the Constitution, it is obliged to suspend the proceedings and apply to the Constitutional Council with a motion declaring this act unconstitutional. 15 of the CPC RK civil proceedings are conducted on the basis of competition and equality of the parties, which can be fully realized only if each of the persons involved in the case is given the opportunity to attend the court session. also in article 13. Equality of all before the law and the court it is stated that Justice in civil cases is carried out on the basis of equality before the law and the court, during civil proceedings, none of these citizens can be given preference and none of them can be discriminated against on the grounds of their origin, social, official and property status, gender, race, nationality, language, religious beliefs, place of residence, or any other circumstances; legal entities may not be preferred and none of them may be discriminated against based on their location, organizational and legal form, subordination, form of ownership and other circumstances. According to Article 8 of the Civil Code of the Republic of Kazakhstan, the exercise of civil rights: Citizens and legal entities, at their discretion, dispose of their civil rights, including the right to their protection. Failure to exercise the rights belonging to citizens and legal entities does not entail the termination of these rights, except in cases provided for by legislative acts.  The exercise of civil rights should not violate the rights and legally protected interests of other subjects of law, and should not cause damage to the environment. Citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs - also the rules of business ethics. This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed. Actions of citizens and legal entities aimed at harming another person, abusing the right in other forms, as well as exercising the right in contradiction with its purpose are not allowed. In case of non-compliance with the requirements provided for in paragraphs 3 to 5 of this article, the court may refuse to protect the person's right. According to Article 8. Civil Procedure Code of the Republic of Kazakhstan Judicial protection of the rights, freedoms and legitimate interests of a person: Everyone has the right, in accordance with the procedure established by this Code, to apply to the court for protection of violated or disputed constitutional rights, freedoms or legally protected interests. State bodies, legal entities, or citizens have the right to apply to the court for the protection of the rights and legally protected interests of other persons or an indefinite circle of persons in cases provided for by law. The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish that everyone is equal before the law and the courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by a competent, independent and impartial court established by law. Based on the above and guided by the Legislation of the Republic of Kazakhstan,

I ask the Court:

In satisfying the claims of gr. ___________________ to ___________________ on exemption from alimony for the maintenance of the former spouse - to refuse.

With respect,

________________/ Sarzhanov G.T.

"___"________20__ G.

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

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