The form of the Statement of claim for the recovery of alimony
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 lawyer Kenesbek Islam by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
Auezovsky district Court No. 2 of Almaty
The Republic of Kazakhstan, the city of Almaty,
050062, Kuanyshbayeva St., 44 "A".
The plaintiff: ______________
IIN: ______________
050063, Almaty, md. Shkolnik-2, 9.
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002,
50 Zhibekzholy Ave., office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
The defendant: ______________
IIN ______________
address: ______________
STATEMENT OF CLAIM
on the recovery of alimony for the maintenance of the former spouse
"07" September 20__ year gr. ______________., ( Further, the plaintiff) and ______________., ( Then the defendant) got married. They lived together until December 27, 20__. The joint life of the Plaintiff and the Defendant did not work out, as the Defendant during the marriage constantly humiliated, beat, while intoxicated, exerted moral pressure, insulting honor and dignity with obscenities, etc. Further joint marriage became impossible. In this regard, the Plaintiff filed a Statement of Claim for the dissolution of the marriage in the Auezovsky District Court No. 2 of Almaty and on 02/13/20__ the judge ______________She satisfied the claim and decided to terminate the marriage between the Plaintiff and the Defendant.
The form of the Statement of claim for the recovery of alimony
They have two imperfect children from a joint marriage.:
______________13 June 20__ year of birth;
______________16 February, 20__ year of birth.
By Court order dated January 09, 20__ of the District Court no.2 Auezovsky district of Almaty upon Application ______________, with ______________ alimony in the amount of 1/3 of earnings and/or other income has been collected in favor of underage children on a monthly basis since January 04, 20__ of the year. To date, the Defendant has a stable permanent income, on average monthly in the amount of 2,000,000 tenge, as he works for a National company ______________. The funds received by the defendant are spent by him only for his personal needs, the Plaintiff and the Defendant have no common family budget since December 27, 20__. The plaintiff is unable to provide for himself on his own, since he works in the service sector and does not have a steady income. He wants the best. The Plaintiff's income is within 40 000 – 60 000 tenge, monthly, and the necessary monthly expenses amount to an average of 200,000 tenge, which must be spent on family needs, utilities, food, clothing, transportation and other expenses. The plaintiff is constantly short on average 130 000 – 150 000 tenge per month.
For the entire period of marriage, the Plaintiff did not work, as she carried and cared for children and always gave the Defendant the opportunity to work and earn money to build a career. Whereas the Plaintiff could also build a career and earn well, using the equal rights of parents to raise children. However, after the Defendant started earning about 2,000,000 tenge per month, he changed over time and began to treat the Plaintiff rudely, which led to the dissolution of the marriage. After that, the Defendant was not financially supported, as a result, the Plaintiff began to work and learn to earn money. The Defendant is aware of the difficult financial situation of the Plaintiff, but does not take any measures. The Plaintiff's requests for financial support were voluntarily ignored.
Attempts to conclude an agreement on the payment of alimony failed. The defendant motivates his refusal by saying that he got divorced and lived as best he could. The current cost of living in the Republic of Kazakhstan is 28,284 tenge. The specified amount is established on the basis of the Law of the Republic of Kazakhstan dated November 30, 20__ № __ ______________ the republican budget for 20__-20__ years". Based on the financial and marital status of the Parties to the process described above, I ask you to determine the amount of alimony in the amount of 60 monthly calculation indices valid at the time of payment of alimony.
According to the Code of the Republic of Kazakhstan On Marriage (Matrimony) and Family, article 148. The right of the former spouse to receive alimony after the dissolution of the marriage (matrimony) is indicated, the right to demand the provision of alimony in court from the former spouse, who has the necessary funds for this, has: 1) the former spouse during pregnancy and before the common child reaches the age of three; 2) a needy former spouse who takes care of a common disabled child until he reaches the age of eighteen, as well as in the case of determining a common disabled child upon reaching the age of eighteen, disability groups I - II; 3) a disabled former spouse who became disabled before the dissolution of marriage (matrimony).
The amount of alimony and the procedure for granting it to the former spouse after the dissolution of the marriage (matrimony) may be determined by an agreement between the former spouses or by a court.
Also provided for in article 149. The amount of alimony imposed on spouses and former spouses in court is stipulated In the absence of an agreement between the spouses (former spouses) on the payment of alimony, the amount of alimony imposed on the spouse (former spouse) in court is determined by the court based on the material and marital status of the spouses (former spouses) and other noteworthy interests of the parties as a multiple of the monthly calculation index in effect at the time of alimony payment.
The form of the Statement of claim for the recovery of alimony
According to the Code of the Republic of Kazakhstan On Taxes and Other Mandatory Payments to the Budget (Tax Code), Article 616, paragraph 4, Exemption from payment of state duty in courts is indicated, the following are exempt from payment of state duty in courts: plaintiffs - for claims for recovery of alimony. Based on the above, guided by Articles 148-149 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family",
I ask the court:
Collect from ______________ in favor of ______________ monthly alimony payments in the amount of 60 monthly calculation indices valid at the time of alimony payment from March 12, 20__ to February 16 20__ of the year.
With respect,
Representative by proxy:
_________________/ 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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