TO THE SPECIALIZED INTER-DISTRICT COURT FOR JUVENILES OF ALMATY
Applicant: Ka AIIN: 7777Almaty, 050000, Nauryzbay District,IP “Alma City”, ... Street, ...+7 747 ........
Attorney and Representative:Galymzhan Turlybekovich Sarzhanov
“Pravo i Pravo” Law FirmBIN: 201240021767
Republic of Kazakhstan, 050002, Almaty,Almaly District,79/71 Abylai Khan Avenue, Office 304
E-mail: info@zakonpravo.kzWebsite: www.zakonpravo.kzTel.: +7 708 578 57 58 / +7 727 978 57 55
Respondent: B N aulyIIN: ...+7 747 ...Almaty, 050000,Nauryzbay District, .....
APPLICATION
FOR ISSUANCE OF A COURT ORDER FOR RECOVERY OF ALIMONY
On 13 May 2010, Ka Abdukhaliyevna (hereinafter referred to as the “Applicant”) and B N auly (hereinafter referred to as the “Respondent”) entered into a lawful marriage.
They have the following minor children from their marriage:
- Arsen N, born on 11 October 2010, IIN ....;
- Almat N, born on 8 July 2014, IIN ......
Pursuant to Article 30 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family”, spouses enjoy equal rights and bear equal responsibilities. Spouses are obliged to build family relations on the basis of mutual respect and mutual assistance, contribute to the well-being and strengthening of the family, and take care of the health, development and well-being of their children.
The Respondent does not voluntarily provide financial support to the family.
Pursuant to Article 70 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family”, parents are obliged to take care of the health of their child and raise the child, as well as bear responsibility for ensuring the necessary living conditions for the child’s physical, mental, moral and spiritual development.
Unfortunately, the Respondent lives separately from the family and spends all income earned by him separately from the family for unspecified purposes.
All family expenses are borne by the Applicant. The Applicant has filed a claim with the court for dissolution of the marriage.
At present, the minor children reside with their mother. Despite this, the Respondent does not voluntarily provide financial support for the maintenance of the minor children and evades the performance of his parental obligations.
Pursuant to Article 139 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family”, where there is no agreement on the payment of alimony, the court shall order monthly alimony payments for minor children from their parents in the following amounts: one quarter of the parents’ income and/or other income for one child; one third for two children; and one half for three or more children.
Based on the foregoing and pursuant to Articles 138–140 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family” and Articles 140, 145–147 of the Civil Procedure Code of the Republic of Kazakhstan,
WE HEREBY REQUEST THE COURT TO:
Issue a court order for the recovery from the Respondent, B N auly, in favor of the Applicant, Ka Abdukhaliyevna, of alimony for the maintenance of the following minor children until they reach the age of majority:
- Arsen N, born on 11 October 2010, IIN ....;
- Almat N, born on 8 July 2014, IIN ....;
in the amount of one third (1/3) of all income and/or other income of the Respondent.
- Pursuant to the provisions of the Civil Procedure Code of the Republic of Kazakhstan, impose all expenses associated with the recovery of alimony on the Respondent.
Respectfully,
Representative under Power of Attorney:Galymzhan T. Sarzhanov
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