Terms of applying for the recovery of alimony

 

By virtue of Article 164 of the Law, 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.

Alimony for the past period may be collected within a three-year period from the date of applying to the court, if the court finds that measures were taken to obtain funds for maintenance before applying to the court, but the alimony was not received due to the evasion of the person obligated to pay alimony from their payment.

The statute of limitations does not apply to alimony legal relations. The legislator sets a time limit within which alimony can be collected for the past period, subject to the following conditions:

- alimony was not paid;

- the court found that before applying to the court, measures were taken to obtain funds for maintenance;

- alimony was not received due to the evasion of the person who is obliged to pay alimony from paying them.

As evidence, documents from the internal affairs bodies may be used, indicating that the alimony recipient has filed a statement on the search for the alimony payer, on the initiation of a criminal case on malicious evasion of alimony payments, etc.

The right to receive alimony is terminated from the moment when the circumstances that are the basis for receiving alimony have disappeared (for example, when the child reaches the age of 18).

The legislator also establishes the possibility of collecting alimony for the past period within a three-year period from the date of applying to the court, if the court finds that measures were taken to obtain maintenance funds before applying to the court, but the alimony was not received due to the evasion of the person obligated to pay alimony from their payment (paragraph 2 of art. 164 of the Law).

For example, the plaintiff filed a lawsuit against the defendant, arguing that she had been married to B.S. since August 3, 2007. By the decision of the Almalinsky District Court of Almaty dated 05.11.2009, their marriage was dissolved. They have a son from a joint marriage, B.A., born on December 21, 2007. In fact, she and Mr. B.S. have not lived since July 2009, and from that period to the present day, he has not paid alimony, citing lack of work, money, and subsequently lack of desire. To date, he works in a good position and has the opportunity to pay alimony, so she asked the court to collect alimony from B.S. in her favor for the maintenance of a minor child from all types of earnings over the past period within a three-year period - from October 2010 to October 2014, as she, upon termination of the marriage, indicated in the second paragraph recovery of alimony from the defendant, but the court did not make a decision.

By the decision of the district court No. 2 of Almaly district of Almaty dated October 9, 2014, the satisfaction of the claims of D.Zh. to B.S. for the recovery of alimony for the maintenance of the child B.A. born on 12/21/2007 for the past period within a three-year period - from October 2010 to October 2014, earnings and other income were reasonably denied. Since the plaintiff did not provide evidence that she had taken measures to collect alimony, and the defendant had evaded paying alimony. The plaintiff's arguments that when she applied to the court in 2009 with a claim for divorce, the second point was the requirement for the recovery of alimony, the court reasonably did not take into account, because although the application stated the requirement for the recovery of alimony, however, the court did not take a decision on this claim, and the plaintiff, in in turn, she did not ask about the fate of her claim. Moreover, it follows from the case file that the defendant voluntarily provided financial assistance to the child, which was not denied by the plaintiff herself, therefore, the mere fact of filing an application is not proof that the plaintiff took measures to recover alimony, besides, there was no evidence of the debtor's evasion from paying alimony.

 

 

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