Statement of claim to the Specialized Interdistrict Juvenile Court for the recovery of alimony in a fixed amount of money
Specialized Inter-district Juvenile Court of Shymkent city Shymkent
, 160011, Turkestanskaya street, 87. +7 (7252) 99‒75‒40, +7‒747‒573‒75‒49
Civil plaintiff: t a a BCHN +7 701 Shymkent, MKR . House 22,... apartment
.Attorney: lawyer Sarzhanov Galymzhan TurlybekovichLegal office"
law and law"Bin 20124002176779/71 Abylai Khan Avenue, office 304,
Almaty, 050002, Medeu district.info@zakonpravo.kz website: www.zakonpravo.kz
+7 708 578 57 58 / 8 727 971 78 58.
The civil defendant: M E W IIN
Shymkent, 160005, District A Y, MKR. Y STR. B, 23. +7 705 ............
Third party: Bilalov Bauyrzhan Meldekhanovich Private bailiff
of Shymkent Shymkent / Al-Farabiy district, Zheltoksan STR.,
16. kchsi_bilalov@mail.ru +7 747 527 1275, +7 702 977 7571.
Civil action
on the recovery of alimony for a fixed amount of money
On August 15, 2009, in accordance with subparagraphs 1), 2), Article 2, Paragraph 2 of the code of the Republic of Kazakhstan "on marriage (matrimony) and family", on the basis of the principles of voluntary union of spouses and equality of rights of spouses in the family, citizen t a a (hereinafter-Civil Plaintiff) Citizen M E Sh (hereinafter-Civil defendant)and registered marriage, and minor children were born from this marriage:
• SH. ZH.E.., date of birth 21.08.2009.;* Sh.. K. E.., date of birth 15.11.2011.;• Sh. M. E., date of birth 25.11.2016 Citizen M. E. sh. – the father of minor children, which is confirmed by copies of the birth certificates of minor children listed above. In accordance with articles 46, 47, 50 of the code" on marriage (matrimony) and family", M. E. Sh. recognized his paternity, and under the" equality of spouses in the family " provided for in Article 30 of the code, spouses enjoy equal rights and perform equal duties. Spouses are obliged to build relations in their family on the basis of mutual respect and mutual assistance, promote the well-being and strengthening of the family, take care of the health, development and well-being of children, however, these duties have been deliberately ignored by the defendant for a long time.On the basis of a court order to recover the specified alimony, the private bailiff of Shymkent, Bauyrzhan Meldekhanovich Bilyalov, initiated enforcement proceedings and forcibly collected alimony. As part of enforcement proceedings, alimony has been deducted from the official salary of the defendant since 2019. All these years, his income fully corresponded to the minimum wage in the documents — first 44,000, then 60,000, 70,000, 85,000 tenge. In a situation where the labor market is changing, and taking into account the level of responsibility of the position that the defendant actually holds, such "stability" of income can be explained only by the deliberate reduction of official payments by the employer and the concealment of real income. As a result, the plaintiff's children brought in very meager alimony: only 14,000 tenge per child every month, which does not even cover the subsistence minimum and does not provide for the basic needs of the child, which is not enough to adequately provide the child.In addition, the plaintiff was told that in fact the defendant his real salary is about 1,000,000 tenge, which does not coincide at all with official data. Thus, the defendant deliberately hides his real income, while he himself lives at a high level, and the child receives only a symbolic amount of alimony, which is intended to provide for his needs. Such an act violates Articles 66, 67 and 138 of the code on marriage (matrimony) and the family, the principle of equal parental participation in providing for the child and puts the child in a knowingly unequal position, which is contrary to both law and morality. Article 141 of the code on marriage (matrimony) and family directly provides for the possibility of establishing alimony as a fixed monetary amount in cases where the collection of alimony in shares did not provide for the interests of the child, caused difficulties or lost their real effectiveness. Withholding 1/2 of the defendant's artificially reduced income cancels the essence of alimony obligations and grossly violates the rights of the child, which is also enshrined in Article 27 of the Convention on the rights of the child.Based on the above, the plaintiff believes that establishing alimony as a fixed monetary amount in accordance with the actual income level of the defendant is a fair, legal and necessary measure. In accordance with paragraph 4 of Article 616 of the tax code of the Republic of Kazakhstan, plaintiffs on claims for alimony in courts are exempt from paying the state fee. In this regard, the plaintiff is exempt from paying the state fee.Based on this and guided by articles 141 of the code of the Republic of Kazakhstan "on marriage (matrimony) and family" ,
I ASK THE COURT:* The defendant M E Sh in favor of the plaintiff T A A to collect alimony monthly in the form of a regular monetary amount of 100 MCI.
Civil plaintiff, A. A. T.
attorney lawyer G. T. Sarzhanov
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