The issuance of a court order for the collection of state fees

When issuing a court order to collect alimony for the maintenance of minor children, the state fee is collected individually.

The collection of the state duty is regulated by the Tax Legislation of the Republic of Kazakhstan.

In accordance with subparagraph 10 of Article 610 of the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget", state duty is charged in the amount of 50% of the state duty rates specified in subparagraph 1) of this paragraph from applications for a court order.

Subparagraph 1 of this paragraph states that a state fee in the amount of 1 percent of the amount of the claim is charged from individuals who file property claims with the court.

According to the explanation contained in paragraph 10 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 9 dated December 25, 2006 (as amended by the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 5 dated December 30, 2011), for claims for alimony, the price is determined by the totality of payments for the year, which is established by the court on the basis of information on the defendant's income (for example, certificate of average earnings, information from the tax committee, etc.). In the absence of documents confirming the defendant's income, the amount of cumulative payments for the year should be determined in accordance with article 99 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs" from the average monthly salary in the Republic of Kazakhstan at the time of the case.

Tsch. 99 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the status of Bailiffs" states that if the debtor was not working at that time or documents confirming his earnings and other income were not submitted, the alimony arrears are determined based on the average monthly salary in the region of residence (in the region, capital or a city of national significance) at the time of debt collection.

Consequently, the legislation defines the procedure for collecting state fees when issuing a court order to collect alimony for minor children in the amount of 0.5 percent of the debtor's annual income, and in the absence of documents confirming the debtor's income, the amount of cumulative payments for the year should be determined from the average monthly salary in the debtor's region of residence at the time of the case.

However, judges do not always correctly determine the amount of the state fee charged to debtors.

 

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