Sample Form for a Response to a Statement of claim for the recovery of alimony for the maintenance of a spouse
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
Auezovsky District Court No. 2 of Almaty to the Judge ................
Republic of Kazakhstan, Almaty, 050062, Kuanyshbayeva str., 44 "A".
From the Defendant: gr. ......... IIN: ................ 050063, Almaty, md. ...., D. ..... +7 (702) ... ... ... ...........@gmail.com
Proxy representative: Galymzhan Turlybekovich Sarzhanov IIN: 850722301036.
Almaty, Medeu district,050002, Zhibek Zholy ave., 50, office 202, Business center Quarter.
info@zakonpravo.kz / www.zakonpravo.kz + 7 (708) 578 57 58.
Reviews
on a statement of claim for the recovery of alimony for the maintenance of a spouse
Q, is there a civil case in your case №........... dated 30.10.201_ according to the claim of gr. ........., to gr. ........., on the recovery of alimony for the maintenance of a spouse, who justifies her claims that on August 31, 2012, she married the defendant and lived with the defendant jointly up to 5 years old. They have a child under three years old from their marriage, who was born on 02/27/2017. She is currently not working because she is on leave to care for her child. She does not have a source of income for the maintenance of an underage child, as well as for accommodation. The Plaintiff does not have the opportunity to earn money because he constantly takes care of the child. The Defendant voluntarily does not provide financial assistance for the maintenance of the child and for the maintenance of the Plaintiff. We do not agree with the plaintiff's arguments, since when studying how a person works on social networks, we found that the Plaintiff actively works and earns on Instagram social networks, where more than 76,600 citizens of our country are subscribers (subscribers are customers) and has 699 publications of goods, which indicates a high passability / marketability of goods (you can make sure that following the link ............... ). The plaintiff manufactures and sells Instagram on social media .............. to beauty salons throughout the territories of the Republic of Kazakhstan, and in the contacts, the Plaintiff indicates his personal number 8 707 ...... ..., at which I, rana, corresponded with the Plaintiff on the Whatsapp application (as evidenced by the screenshots in the applications).
On average, such online sales generate revenues of about one million tenge per month. In online trading, goods are paid for through bank accounts in second-tier Banks. In connection with this, we request that a court order be issued to require second-tier banks to issue statements on current accounts of cash receipts.Also, the Plaintiff's arguments that the Defendant does not voluntarily provide financial assistance do not correspond to reality, since the defendant and I personally have repeatedly been asked to return home, where my spouse and mother-in-law live. In January 201_, the Plaintiff, without any compulsion or psychological or moral pressure, temporarily went to her home. At that time, the defendant thought that the Plaintiff had postpartum psychosis and took her to her parents for a while, however, after the expiration of time, the Plaintiff refused to return, demanding that the defendant leave his mother (pensioner) who is dependent on the defendant and lives separately with the plaintiff. However, it was not possible to convince the Plaintiff of her selfish/immoral thoughts.
However, the defendant did not worry about the security of his wife and baby, since when they lived together, they accumulated money in a joint marriage of about 7,000,000 tenge, which the Plaintiff deposited in her name in an open account with Kazkommertsbank JSC before leaving, and accordingly, she took with her and on which she still lives comfortably.The plaintiff's arguments that she does not have the means to pay for a living are not true, since if you look at her personal Instagram page (you can click on the link and make sure ..............) The plaintiff can be seen how luxuriously she lives (see screenshots of the Instagram page in the applications) where the Plaintiff undergoes spa treatments, visits expensive restaurants and entertainment venues in the most expensive SPA salons located in Esentai Mall.Thus, the Plaintiff's arguments that, she is currently unemployed and has no source of income and no
the possibility of earning money for a living wage in connection with child care is not being confirmed.Also in the Statement of Claim, the Plaintiff indicated that the defendant has the opportunity to pay alimony as he works for an LLP ............ And at the University ................, where the alleged permanent earnings amount to 400,000 tenge and asks the Court to collect from the defendant a fixed sum of 100,000 tenge until the child reaches 3 years of age. Dear Court, the Plaintiff's arguments that the defendant's permanent earnings amount to 400,000 tenge are erroneous, since the defendant never earned such money during marriage, we do not know where the Plaintiff's fantasies come from. According to the issued official certificate of the LLP's salary ........... The defendant actually works for an LLP .............. (a small business entity) in the position of Director, and the monthly income is 108,473 tenge, of which 10,847 tenge are transferred to pension contributions, 7,317 tenge are transferred to Individual Income Tax.
In total, the Defendant receives an amount of 90,309 tenge per month. The Plaintiff's arguments that the Defendant works in parallel at the University ................... not true (as evidenced by the help in the applications) since the defendant and Rane did not work at the university. In order to get a teaching internship at the University, Defendant Rana participated in various programs free of charge and helped students in obtaining education since the Defendant graduated from this university. As of today, the Defendant is living with an elderly mother (retired by age) in the same house where Rane lived together and the Plaintiff, which the plaintiff herself can confirm. And the defendant does not have income such as the Plaintiff thinks, and a set of the above studies shows that the plaintiff lives in very comfortable conditions than the defendant.From the above circumstances, it follows that all of the Plaintiff's arguments are unfounded, in addition, the female component of emotional desire and how to harm / take revenge on the former spouse prevails supremacy than sober reason.According to Article 147. The Code of the Republic of Kazakhstan on Marriage (Matrimony) and Family states in the Duties of spouses on mutual maintenance: 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 disabled spouse in need; the spouse during pregnancy and within three years from the date of birth of the common child; a spouse in need who takes care of a common disabled child until they reach the age of eighteen, as well as in the case of determining a common disabled child upon reaching the age of eighteen, disability groups I - II.
Article 149 of the Code also states that in the absence of an agreement between the spouses (former spouses) on the payment of alimony, the amount of alimony levied on the spouse (former spouse) in court is determined by the court based on the material and marital status of the spouses (former spouses) and other noteworthy interests of the parties in multiple of the monthly calculation index in force at the time of the alimony payment. However, dear court, the plaintiff's claims are excessively large and unreasonably overstated, while the Defendant's monthly income is 90,309 tenge, of which the defendant spends 50,000 tenge on rental housing and for the remaining 40,000 plus 40,000 the mother's pension remains for a living wage, and the Plaintiff has now filed a claim for alimony and wages will be withdrawn one fourth of the total salary and family income will amount to 30,000 tenge per month, for which the defendant, his elderly mother, will exist.The legislator provided for the protection of unscrupulous citizens in Article 150. Where stipulated, the Court may release the spouse from the obligation to support another disabled spouse in need of assistance or limit this obligation to a certain period both during the marriage (matrimony) and after its dissolution In accordance with Article 148. The Legislator also did not miss the right to demand the provision of alimony in court from the former spouse, who has the necessary funds for this: the former spouse has during pregnancy and before the child reaches the age of three, However, the amount of alimony and the procedure for providing it to the spouse can be determined by agreement between the spouses or the court.In the article of the "Legal Gazette" dated February 17, 2011, written by such prominent statesmen as M. Alimbekov, former Chairman of the Supreme Court of the Republic of Kazakhstan, etc. Tumabekov, a judge of the Supreme Court of the Republic of Kazakhstan, says that "The legislator has established mandatory conditions for collecting alimony for the maintenance of a spouse, which is the disability and need of a spouse deprived of financial support. The legislation does not disclose the content of the concepts of disability and neediness, therefore the leading role in their definition belongs to judicial interpretation. The possibility of collecting alimony only if the paying spouse has the necessary funds for this fundamentally distinguishes this type of obligation from the alimony relationship between parents and children. In formulating this condition, the legislator took into account the fact that spouses are equal members of a family union, and neither of them can be placed in conditions worse than the other.
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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