Sample statement of claim recovery of alimony for payment in the higher education system
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Zhualinsky District Court of Zhambyl region
Zhambyl region, Zhualinsky district, B. Momyshuly village,
Zhibek Zholy STR., 17 (72635) 20659
Applicant: IIN IIN 040222501104 Almaty, D 12, apartment 125 +7 708 .
Defendant: Eni 790520300298
Zhambyl region, zh district, B. M., MK 2/1 + 777
Statement of claim
recovery of alimony for payment in the higher education system
The defendant lived in a registered marriage with the mother (hereinafter referred to as the defendant) and the Ugra. From a common marriage on 22.02.2004, Ann (hereinafter referred to as the plaintiff) was born. The defendant did not and does not participate in the upbringing of the plaintiff as a father. Currently, the applicant has entered the higher educational institution (University) of the Kazakh National Pedagogical University named after Abai for a fee (this is evidenced by the Certificate No. 72949 dated 25.10.2021). According to the terms of paid training, my son must make a payment in the amount of 510,000 tenge for one academic year. At the same time, the applicant is now forced to rent 125 apartments in Almaty, Avenue G, due to the fact that the educational institution is located in Almaty. Rent for an apartment is 180,000 tenge per month. At the moment, the plaintiff is experiencing material difficulties and there is no way for him to pay for one year of education, since the plaintiff is a dependent of his mother. According to Article 144 of the Code of the Republic of Kazakhstan" on marriage (matrimony) and family " (hereinafter referred to as the code), in the absence of an agreement on the payment of alimony and in the presence of special circumstances (serious illness, death of minor children or disabled adult children in need of assistance, the need to pay for the care of an outsider and other circumstances), each of them may involve parents by the court to participate in raising additional expenses caused by these circumstances. If the procedure for participation of parents in raising additional expenses and the amount of these expenses are not determined by mutual agreement, then they are determined in a multiple ratio to the monthly calculation index at the time of payment of alimony payable monthly, based on the material and marital status of parents, other children and the noteworthy interests of the parties. The court has the right to oblige parents to participate in both the additional expenses incurred in practice and additional expenses for the maintenance of children in the future.
In the information letter of the Advisory Council for the development of a unified judicial practice in the administration of Justice of the Karaganda Regional Court dated June 6, 2012 No. 10 "on the practice of considering civil cases for the recovery of alimony for minors and adult children": proposed in order to form a unified judicial practice for considering civil cases related to the recovery of alimony amounts for the maintenance of adult children. students in the system of general secondary, technical and professional, post-secondary education, in the system of full-time education under the age of 21, as well as in disputes about changing the amount of alimony for the maintenance of minor children, previously established by the court, the Advisory Council recommends the following. 2 t. according to Article 141 of the Code of the Republic of Kazakhstan" on marriage (matrimony) and family " (hereinafter referred to as the code) in the system of general secondary, technical and professional, post - secondary education, higher education, the recovery of maintenance of children under 21 years of full-time education is carried out in the absence of an agreement on the payment of alimony in court in a regular amount of money. According to the requirements of Article 17 of the Civil Code, the ability of a citizen by his actions to acquire and exercise civil rights, to create civil obligations for himself and fulfill them arises in full at the age of majority, that is, upon reaching the age of eighteen. From the above it follows that, being a capable citizen, in the system of general secondary, technical and professional, post-secondary education, in the system of higher education, in the case of full-time education, the claim for recovery of alimony amounts for his maintenance before reaching the age of 21 is made by the adult child himself and/or his representative in accordance with the requirements of the Criminal Code of the Republic of Kazakhstan, not his parents.
In accordance with Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to protect their violated or disputed rights, freedoms or interests protected by law. According to Article 8 of the code of criminal procedure, everyone has the right to apply to the court for the protection of violated or disputed constitutional rights, freedoms or protected interests. In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties independently and independently choose their position in the course of civil proceedings, methods and means of its defense and independently of the court, other bodies and persons. Provided for in Article 113 of the Civil Code of the Republic of Kazakhstan. The court, at the request of the party in favor of which the decision was made, shall charge the other party in the amount of the actual expenses incurred by the party for the payment of assistance to a representative (several representatives) who participated in the process and are not in an employment relationship with this party. The total amount of these expenses for property claims should not exceed ten percent of the satisfied part of the claim. The amount of expenses for claims of a non-property nature is collected within reasonable limits, but it should not exceed three hundred monthly calculation indices.
Sample statement of claim recovery of alimony for payment in the higher education system
Article 30. The Criminal Code of the Republic of Kazakhstan "criminal record at the choice of the plaintiff" defines in paragraph 4: the plaintiff can make claims for establishing paternity and collecting alimony at his place of residence. As provided for in Article 616 of the Code of the Republic of Kazakhstan on taxes and other mandatory payments to the budget (tax code). 4." exemption from payment of state duty in courts " t.plaintiffs are exempted from payment of state duty in courts - for claims for recovery of alimony, respectively, in these circumstances of the case, the plaintiff is exempted from payment of state duty to the court. The grounds for the above, guided by Article 144 of the Code of the Republic of Kazakhstan "on marriage (matrimony) and family", I ask the court:
Defendant Ana plaintiff Ann to collect additional funds in the form of alimony in the amount of a fixed amount of money in the amount of 20 MCI per month for payment of higher education institution fees.
With respect, ____________ / song. N. "____"___________2022 year
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