What is the difference between a court order and a court decision when collecting alimony?
A court order is more similar to a writ of execution - it is more concise and is enforced in accordance with the procedure established for the execution of court orders. In this case, the court order for the recovery of alimony for minor children indicates: - the name and place of residence of the claimant; - the name and place of residence of the debtor, his place of work, date and place of birth; - the name and date of birth of each child for whose maintenance alimony is awarded; - the amount of payments that are collected monthly from the debtor and the term of their collection; - the amount of the state fee, which is subject to collection from the debtor to the income of the relevant budget.
A court order for the recovery of alimony is issued by a judge within three days from the date of receipt of an application for a court order without trial, as well as summoning the debtor and the recoverer and hearing them (art.145 of the CPC RK).
To collect alimony for minor children by court order, certain conditions must be met, in particular: - the requirement to collect alimony should not be related to establishing paternity, challenging the fact of paternity (or motherhood) or the need to involve other interested parties; - the amount of alimony is calculated in the order of the shares of earnings (income) of the parent (or parents).
The form and content of the application for a court order must comply with the requirements of art. 141 of the CPC RK.
Article 143 of the CPC RK states that a judge refuses to accept or returns an application for a court order on the grounds provided for in Articles 153, 154 of this Code. In addition, the judge returns the statements in cases where:
1 The stated requirement is not provided for in Article 140 of this Code;
2) the debtor is outside the jurisdiction of the courts of the Republic of Kazakhstan;
3) documents confirming the stated claim have not been submitted;
4) there is a legal dispute that cannot be resolved on the basis of the submitted documents.;
5) the form and content of the application do not meet the requirements of Article 141 of this Code;
6) the application has not been paid for by the state fee.
The judge issues a ruling on the refusal to accept the application or the return of the application within three working days from the date of receipt of the application to the court.
The ruling on the refusal to accept the application does not prevent the applicant from filing a claim on the same claim in the order of the claim proceedings.
The ruling on the return of the application for the issuance of a court order does not prevent its re-filing after the elimination of the deficiencies that served as the basis for the return.
The court's decision, in accordance with the law, is stated in writing by the presiding judge or one of the judges if the case is considered collectively. At the same time, each of the judges has the right to a separate opinion. Due to the fact that a court decision is the most important act of justice, the law prescribes compliance with special requirements for its content and presentation. It should contain clear, competent, legally correct formulations and avoid unclear, complex expressions, judgments or phrases in the text that make it difficult to correctly perceive it.
The structure and content of the court decision are quite clearly regulated by law. Article 221 of the CPC RK indicates those details and information that should be present in the text of the decision.
The judgment consists of four parts, set out in strict sequence: introductory, descriptive, motivational and resolute.
Thus, a court order differs significantly in form and content from a court decision.
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