Statement of claim for child support recovery
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.
To the Balkhash District Court of the Almaty region
Almaty region, Balkhash district, village Bakanas, Bizhanova St., 60. 8 7277 39 14 12
The applicant: ........................................ IIN ........................ Almaty region, ..............................
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758.
The defendant: ............................ IIN ........................ Almaty region, ..................................
+7 …………………………….
Statement of Claim
on the recovery of child support
On May 22, 20..., the Specialized Interdistrict Juvenile Court No. 2 of the Almaty region, consisting of the presiding judge Beimbetova Zh.A., with the secretary of the court session: Belenko K.M., having considered a civil case in a closed court session №......................, The Court Decided: - To satisfy the claim of the Full name to the Guardianship and Guardianship Authority of the Balkhash district of the Almaty region and the Full name on the establishment of paternity. To establish the paternity of the Full name, in relation to the full name, October 26, 20... year of birth. Make changes to the registration record for №......................, birth certificate, full name, dated October 29, 20...:
Change the child's last name to ".....................";
Write the child's middle name as "....................";
Fully written as – "..................................";
In the "Father" column, specify "....................................";
Leave the child's name, date, month, year, and place of birth unchanged.
When the personal data of an adopted child is changed, a new record of the state registration of birth is registered, with the conditional exclusion of the individual identification number from the National Register of Individual Identification Numbers. Based on the above decision, where the gr. Full name is the father of the minor child, Full name, which is also confirmed by the experts' conclusion, where they concluded that the probability of true paternity for the citizen, Full name, in relation to the child, is 99.9999%.
The Code "Equality of Spouses in the Family" stipulates that spouses enjoy equal rights and bear equal responsibilities. The spouses are obliged to build their family relationships on the basis of mutual respect and mutual assistance, to promote the well-being and strengthening of the family, to take care of the health, development of their children and their well-being, which has been maliciously ignored by the Defendant for a long time. Article 70. "The rights and duties of parents in the upbringing and education of a child" of the Code stipulates and obliges that Parents are obliged to take care of their child's health and are obliged to raise their child and are responsible for ensuring the necessary living conditions for his physical, mental, moral and spiritual development. Unfortunately, the Defendant has lived and is living his own life by himself. All the money earned by the Defendant is spent on his own unknown needs. All family expenses are borne by the Applicant.
Since the filing of the claim for paternity, the Defendant has never provided the child with material, financial assistance or moral support. On 23.10.20..., we sent an application to the Balkhash District Court of the Almaty region for a court order with a full name. Subsequently, after the Defendant's objection, on October 26, 20..., the Judge of the Balkhash District Court of the Almaty region, Full Name, having considered the application of the debtor, Full Name, for the cancellation of the court order of the Balkhash District Court of the Almaty region, the Judge determined - The Court order of the Balkhash District Court of October 26, 20.. on the recovery of the Name, in in favor of the full name, alimony for the maintenance of a minor child – cancel. Explain to the recoverer the right to apply to the court in the order of claim proceedings. The judge also found that since the parties had not determined the residence of the minor child and the dispute was being considered by the specialized Interdistrict Juvenile Court No2 of the Almaty region, the court considered that the debtor's application should be satisfied and the court order cancelled.
We disagree with the Judge's arguments that this dispute is being considered by the specialized interdistrict Juvenile Court No2 of the Almaty region, since this dispute has already been completed in this court and there is a decision that we indicated above. We also disagree with the arguments that it is allegedly necessary to indicate the place of residence. We believe that to begin with, the child first needs to establish a relationship with an established father. The child has not seen the Defendant all his life, so we believe that the child is not psychologically ready to accept the Defendant as a father. We believe that first the Defendant needs to establish contact and this contact should be organized by the guardianship authorities. And after this procedure, think about the child's place of residence. According to art . 138 of the Code "On Marriage (Matrimony) and the Family" stipulates that if parents voluntarily do not provide funds for the maintenance of their minor children, as well as adult children studying in the system of general secondary, technical and vocational, post-secondary education, in the system of full-time higher education under the age of twenty after one year, these funds will be recovered from them in court. In the absence of an agreement between the parents on the payment of alimony, in case of failure to provide maintenance for minor children and in case of failure to file a claim with the court, the body performing the functions of guardianship or guardianship has the right to file a claim for the recovery of alimony for minor children against their parents. We ask the Court to recover these claims for the recovery of alimony for the maintenance of a minor child from the Defendant dated October 23, 2020, since on that day our application for a court order was filed. And lawsuits can last for years. Based on the above, guided by Articles 138-140 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", Articles 140, 145-147 of the CPC of the Republic of Kazakhstan,
I ASK THE COURT:
Collect alimony from Full name, IIN ......................, for the maintenance of a minor child up to the age of majority in the amount of 1/4 of all types of earnings of the defendant in favor of the Applicant – ........................, IIN ......................;
All expenses related to the recovery of alimony in accordance with the norms of the Civil Procedure Code of the Republic of Kazakhstan should be borne by the Defendant.
Sincerely, Proxy Representative ________________/ Kenesbek I.M. "___" _____________20___ the year.
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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