Statement of claim for reduction of child support
Attention! The Law and Law Law Company draws your attention to the fact that this statement of claim is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting a statement of claim for the recovery of alimony suitable for your situation.
To a Specialized Interdistrict court
on juvenile affairs of Zhambyl region
the plaintiff: _____________
IIN: _____________
place of residence: _____________
bodys.: ___________
the defendant: _____________
IIN: _____________
place of residence: _____________
bodys.: ___________
the defendant: _____________
IIN: __________
place of residence: ______________
bodys.: ____________
Statement of claim
on reducing the amount of alimony
By a court order of the Merken district Court of the Zhambyl region dated ______, alimony is being collected from me in favor of _______________ for the maintenance of minor children: _______________ – _______ year of birth, _______________ – ______ year of birth, _______________ – ______ year of birth, in the amount of Half of all types of earnings and all incomes, starting from ______ year until the children reach adulthood.
Also, by the decision of the Merken district court of the Zhambyl region of _______, alimony payments for the maintenance of my ex-wife are being collected from me. _______________ in the amount of 10 monthly calculation indices per month, starting from _______ year until the achievement of a minor child, _______________ – ______ year of birth, age of three. In addition, the Specialized Interdistrict Juvenile Court No. 2 of the Almaty region, by its decision of _______, decided to recover from me in favor of _______________ child support payments, _______________ – ________ year of birth, in the amount of one quarter of earnings and (or) other income, monthly until the child reaches the age of majority.
Dear court, the amount of alimony collected from me exceeds fifty percent of my salary or other income, thereby violating my rights and legitimate interests. In accordance with Article 28 of the Constitution of the Republic of Kazakhstan, a citizen of the Republic of Kazakhstan is guaranteed a minimum wage. Also in accordance with paragraph 1 of art. 95 of the Law of the Republic of Kazakhstan "On enforcement proceedings and the status of bailiffs", when foreclosing on wages or other types of income of the debtor according to one or more enforcement documents, the debtor must retain at least fifty percent of wages or other income.
At the same time, the amount retained by the debtor must be at least the minimum subsistence level established annually for the relevant financial year by the law on the republican budget, except in cases of recovery of alimony and compensation for damage caused by injury or other damage to health, as well as the death of the breadwinner. According to paragraph 2 of art. 139 of the Code "On Marriage (Matrimony) and the Family", the amount of alimony collected for the maintenance of minor children in court may be reduced or increased by the court, taking into account the material or marital status of the parties and other deserving circumstances. In addition, according to paragraph 1 of art. 175 of the said Code, if, in the absence of an agreement on the payment of alimony, after the court has established the amount of alimony, the financial or marital status of one of the parties has changed, the court may, at the request of either party, change the established amount of alimony or release the person obligated to pay alimony from their payment.
In accordance with Articles 75-78 of the Constitution of the Republic of Kazakhstan, everyone has the right to be heard in court; Courts do not have the right to apply laws and other regulatory legal acts that infringe on human and civil rights and freedoms enshrined in the Constitution. If the court finds that a law or other regulatory legal act to be applied infringes on the rights and freedoms of a person and citizen enshrined in the Constitution, it is obliged to suspend the proceedings and apply to the Constitutional Council with a motion declaring this act unconstitutional, and art. 15 of the Civil Procedure Code of the Republic of Kazakhstan, civil proceedings are conducted on the basis of competition and equality of the parties, which can be fully realized only if each of the persons involved in the case is given the opportunity to attend the court session. also in article 13. It says that justice in civil cases is carried out on the basis of equality before the law and the court, in the course of civil proceedings, none of these citizens can be given preference and none of them can be discriminated against on the grounds of their origin, social, official and property status, gender, race, nationality, language, attitude to religion., beliefs, place of residence, or any other circumstances; legal entities may not be preferred and none of them may be discriminated against based on their location, organizational and legal form, subordination, form of ownership and other circumstances.
According to Article 8 of the Civil Code of the Republic of Kazakhstan, citizens and legal entities, at their discretion, dispose of their civil rights, including the right to their protection. Failure to exercise the rights belonging to citizens and legal entities does not entail the termination of these rights, except in cases provided for by legislative acts. The exercise of civil rights should not violate the rights and legally protected interests of other subjects of law, and should not cause damage to the environment. Citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs - also the rules of business ethics. This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed. Actions of citizens and legal entities aimed at harming another person, abusing the right in other forms, as well as exercising the right in contradiction with its purpose are not allowed. In case of non-compliance with the requirements provided for in paragraphs 3 to 5 of this article, the court may refuse to protect the person's right.
According to Article 8 of the CPC of the Republic of Kazakhstan, everyone has the right, in accordance with the procedure established by this Code, to apply to the court for protection of violated or disputed constitutional rights, freedoms or legally protected interests. State bodies, legal entities, or citizens have the right to apply to the court for the protection of the rights and legally protected interests of other persons or an indefinite circle of persons in cases provided for by law.
The Universal Declaration of Human Rights (articles 7, 8 and 10), the International Covenant on Civil and Political Rights (article 14) and the Convention for the Protection of Human Rights and Fundamental Freedoms (article 6) establish that everyone is equal before the law and the courts and that everyone has the right to a fair trial in determining their civil rights and duties. and the public hearing of the case within a reasonable time by a competent, independent and impartial court established by law. Based on the above,
I ASK THE COURT:
Reduce the amount of alimony collected:
By a court order of the Merken district court of the Zhambyl region dated ______ of the year from me in favor of _______________ for the maintenance of minor children: _______________ – _______ year of birth, _______________ – ______ year of birth, _______________ – ______ year of birth, in the amount of 1/2 part from all types of earnings and all incomes starting from ______ year to the age of majority of children.
By the decision of the Merken district court of the Zhambyl region of _______ of the year from me in favor of _______________ in the amount of 10 monthly calculation indices per month, starting from _______ year until the age of a minor child, _______________ – ______ year of birth, age of three.
By the decision of the Specialized Interdistrict Juvenile Court No. 2 of the Almaty region, by its decision of _______ of the year, I was in favor of _______________ child support payments, _______________ – ________ year of birth, in the amount of one quarter of earnings and (or) other income, monthly until the child reaches the age of majority.
with respect,
____________/Sarzhanov G.T.
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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