Statement of claim for recovery of alimony
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Bostandyk District Court of Almaty
The plaintiff _______________, __.01.19__ year of birth IIN .................. city of Almaty,
Bostndyksky district, md. Khan-Tengri, 172 contact phone number: 8 ................
The defendant: _______________ __.08.19__ year of birth IIN .................. city of Almaty,
mkr. Orbita-2, 10, sq. 71 contact phone number: 8................
Application for a court order
(in the text of the CPC) A court order is a judicial act that follows the procedure of Articles 134, 139 of the CPC of the Republic of Kazakhstan) In accordance with paragraph 1 of Article 134 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter, it is issued by a judge upon the application of the recoverer for the recovery of money or the recovery of movable property from the debtor for indisputable claims without summoning the debtor and the recoverer to hear their explanations and without judicial proceedings. According to clause 4, clause 2 of art. 135 of the CPC, a court order is issued on claims for the recovery of alimony for the maintenance of minor children not related to the establishment of paternity (motherhood) or the need to involve third parties. __ January 20__ of the year between me, _______________ and _______________ ( hereinafter referred to as the defendant), a legal marriage was entered into at the registry office of the Bostandyk district (registration no.___________ from 2__.01.20__ of the year).
Our marriage didn't last long. We started living separately on __.02.20__ year. During the period of living together, we had 2 (two) sons. The eldest is 8 years old, the youngest is 4 years old: _______________, __.02.20__ year of birth _______________, 29.09.20__ year of birth At the time of filing the claim The children live with me at the above address and are dependent on me. The debtor does not provide financial assistance for the maintenance of children, although he has a stable income and a permanent place of work. In accordance with art . 138 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" No. 518-IV dated December 26, 2011 (hereinafter referred to as the SAM "On Marriage and Family") Parents are required to support their minor children. The procedure and form of providing maintenance for minor children are determined by the parents themselves.
If parents voluntarily do not provide maintenance for 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-one, these funds are recovered from them in court. According to art . 139 of the Air Defense System "On Marriage and Family", in the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents. By virtue of Article 164 of the Air Defense System "On Marriage and Family", a person entitled to receive alimony has the right to apply to the court for recovery of alimony, regardless of the period that has expired since the right to alimony arose, if alimony was not paid earlier under an agreement on the payment of alimony. Alimony is awarded from the moment of applying to the court. There is no agreement between the parties on the payment of alimony.
Alimony is awarded from the moment of applying to the court. The statement in form and content corresponds to Articles 135, 136 of the CPC RK. Based on the above and guided by Articles 138,139,164 of the Law of the Republic of Kazakhstan "On Marriage (Matrimony) and Family"; as well as art. 8, 27, 134-136,139,140,143 CPC RK,
I ask the court to: 1. issue a court order for the recovery of alimony from _______________ in favor of _______________ in the amount of one third of the defendant's salary;
2. include in the court order and collect the costs of the state fee;
3. satisfy the application; 4. send a court order for execution;
Application: 1.Receipt of payment of the state fee on the 1st sheet; 2.Copy of the marriage certificate on the 1st sheet; 3.Copies of the children's birth certificate on 2 sheets; 4. Copy of the plaintiff's identity card on the 1st sheet; 5.Address certificate on the 1st sheet;
FULL NAME________________________________ 17.10.2017 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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