Statement of claim for recovery of alimony with establishment of paternity
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 a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the Specialized Inter-District Juvenile Court of Almaty
34 Markova Street, Almaty. 8 (727) 333 1111
Plaintiff: xxxxxxxxxxxx IIN xxxxxxxxxx Almaty, Alatau district xxxxxx +7 747 xxxxxx
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304. info@zakonpravo.kz / www.zakonpravo .kz
+ 7 727 971 78 58; +7 708 971 78 58.
Defendant: xxxxxxxxxxxx IIN xxxxxxxxxx Almaty, xxxxxx street +7 708 xxxxxxxx
Statement of claim
on the recovery of alimony with the establishment of paternity
From April to July 2019, xxxxxx (hereinafter referred to as the Plaintiff) cohabited with xxxxxxxx, as the parties were in a non–marital relationship. Have a minor child from living together:
xxxxxx 02/17/2020 year of birth.
The defendant is the father of the child, and he himself admits this. From the moment of the child's birth, the Defendant lived for about 15 days together with the Plaintiff and the child. But at the same time, the Defendant did not submit an application for registration of paternity to the registry office. When the Plaintiff clarified with the Defendant about the registration of her son with the registry office, the Defendant misled the Plaintiff in various ways, saying that if they register their son, the Defendant will lose his income, and that the Defendant's mother will lose social assistance in the form of money. To date, the Defendant has completely refused to perform parental duties and is not involved in the upbringing and life of the child. Moreover, he does not provide any moral or material assistance to the Plaintiff. The child is fully supported by the Plaintiff. In accordance with paragraph 2, Article 46 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", where the rights and obligations of parents and the child are based on the child's origin, certified in accordance with the procedure established by the law of the Republic of Kazakhstan. Paragraph 5, art. 47 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" defines that the paternity of a person who is not married to the child's mother is established by submitting a joint application to the registration authority by the father and mother of the child.
Statement of claim for recovery of alimony with establishment of paternity
According to Article 48 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", which stipulates that in the case of the birth of a child to parents who are not married to each other, and in the absence of a joint statement from the parents or the father of the child, the child's origin from a specific person (paternity) is established in court upon application. one of the child's parents, guardian, or trustee, or at the request of the person who is dependent on the child, as well as at the request of the child himself upon reaching the age of majority. In doing so, the court takes into account evidence that reliably confirms the child's descent from a particular person. It is important to note that the Plaintiff agrees to conduct a forensic genetic examination on the issue of the child's origin if the Defendant does not recognize the claims made against him. According to art . 52, the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", where, when establishing paternity in accordance with the procedure provided for in Articles 47-49 of this Code, a child has the same rights and obligations towards parents and their relatives as a child born to persons married to each other.. In cases of confirmation of paternity by an expert examination or by the Defendant, we ask the Court to issue a court order to recover alimony for the maintenance of a minor child until adulthood in the amount of 1/4 of all types of earnings of the defendant in favor of the Plaintiff, since 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, these funds are 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.
Statement of claim for recovery of alimony with establishment of paternity
According to clauses 7, 1, and 610 of the Tax Code of the Republic of Kazakhstan, it is stipulated that 0.5 MCI is charged for claims for changing or terminating the lease agreement, extending the inheritance period, releasing property from seizure, and other claims of a non-property nature or not subject to assessment. Based on paragraph 1 of Article 113 of the CPC RK, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. Based on the above, guided by Articles 48, 138, 139 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", Article 140 of the CPC of the Republic of Kazakhstan, I REQUEST THE COURT:
To establish that xxxxxx is the father of xxxx, born on 02/17/2020. In the birth certificate, indicate xxxxxxxxxx in the father column.;
To collect alimony from Defendant xxxx O.E., for the maintenance of a minor child xxxxxx born on 02/17/2020. until the age of majority in the amount of 1/4 of all types of earnings of the defendant in favor of the Plaintiff – xxxxxx A.B.,;
To collect from xxxxxx O.E., in favor of xxxxxx A.B., representative expenses for the claim for the recovery of alimony with the establishment of paternity, in the amount of 100,000 tenge;
To collect from XXXXXX.E., in favor of xxxxxx A.B., the state fee for the claim for the recovery of alimony with the establishment of paternity, in the amount of 1 MCI = 2918 tenge, as well as for the commission of notarial acts in the amount of 3,209 tenge.
Sincerely, Proxy Representative ___________/ Kurmambayev T.A. "___" _____________2021 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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
