Regardless of whether parents are married or divorced, they should financially support a child. Payments for a child support are the most common type of alimony.
In the material, we will describe the procedure of alimony payment.
If it is not possible to agree amicably, then a statement of claim for the recovery of alimony may be filed by the plaintiff at his place of residence. You can apply to the court regardless of the period that has expired since the right to alimony arose. At the same time, the court must establish that measures to obtain maintenance funds were taken before the trial and, as a result of the person's evasion from paying alimony, were not received.
The alimony order is issued by the court within 3 working days. The court has the right to award a monthly compulsory recovery on the payer's total income in a fractional proportion.
The list of necessary documents for filing a claim When submitting an application to the court for the recovery of alimony is submitted:
Depending on the circumstances, other documents may be required and this should be clarified before going to court. When filing a claim, the plaintiffs are exempt from paying the state fee.
How to file electronic documents in court.
The applicant submits electronic documents to the court by filling out electronic forms posted in the Judicial Cabinet service. To submit electronic documents to the court, you must register in the Judicial Cabinet service.
Authorization in the Judicial Cabinet service is carried out using an electronic digital signature or an individual identification number IIN /BIN and password.
The applicant, after passing the authorization procedure through the appropriate section of civil, criminal proceedings, administrative proceedings and administrative offenses, chooses one of the types of judicial instance for sending an electronic document:
1) proceedings in the court of first instance;
2) proceedings in the court of appeal;
3) proceedings in the court of cassation instance.
The applicant fills out an electronic application form, complaint, petition, recall and other documents.
Each electronic document is uploaded to the electronic document submission system as a separate file. The number of files must correspond to the number of documents submitted to the court.
The applicant uploads files in the format *doc, *docx, *pdf, *jpeg, *xlsx.
The maximum size of each file does not exceed 10 megabytes.After downloading, the documents are certified by the applicant's electronic digital signature and automatically transferred to the judicial information system.
Confirmation of sending an electronic document is the formation of a dispatch coupon, which indicates the date and time of dispatch, a unique number, as well as the details of the sender and recipient.
The status of registration and the course of consideration of the application, complaint, petition, revocation and other documents are viewed in the "My Affairs" tab of the "Judicial Cabinet" service.
Submission of electronic documents to the courts of the republic, including through the Judicial Cabinet service, is regulated by the Rules of Technical Application of means of filing documents to the courts in the form of an electronic document, their registration, processing, familiarization with them.
If in the absence of an agreement on the payment of alimony after the establishment of the amount of alimony in court has changed the material or marital status of one of the parties, the court has the right at the request of either party to change the established amount of alimony or to release the person obliged to pay alimony from payment. In the event of a change in the amount of maintenance or exemption from its payment, the court may also take into account another interest of the parties that deserves attention.
In case if parents avoid performing parental liabilities, including those who do this severely, parents can be deprived from parental rights.
Deprivation of parental rights as well as written refusal from a child does not exempt from responsibility to support a child.
Renunciation of alimony payments
If the former spouses were able to agree on the voluntary maintenance of the child, they can apply for the return of the executive document. You need to apply to a court bailiff with application.
After renunciation from alimony payments, it is impossible to apply again as terminated proceeding cannot be re-started again.
The court has the right to refuse to recover maintenance from an adult capable person, if it is established that he has committed against a person who is obliged to pay maintenance, a deliberate criminal offense or in the case of unworthy behavior of an adult capable person in the family.
In case of temporary leave or change of country of permanent residence, an individual obliged to make alimony payments can conclude an agreement on alimony payment with family members.
If there is no such agreement, a concerned party can apply to court with requirement to determine a sum of alimony payment in fixed amount or one-time alimony payment or provide real property instead of alimony payment or pay for alimony using another option.
If there are no documents certifying payment of alimony, debtor is not allowed to leave Kazakhstan.
Alimony is a financial support, which one individual should provide to another one, who has a right to obtain it. The most common case of alimony payment is payment for a child support, though alimony can be paid to mothers of children or spouses who cannot provide for themselves as well as to parents. Child support is a liability stipulated by the law and it doesn`t make any difference whether parents are married, have informal marriage or divorced.
Children under custody, guardianship of patronage as well as adopted children also have a right for alimony. Alimony payments are spent for a child support, education and development.
There are two methods for alimony payment:
- agreements on the payment of alimony – by a notary;
- dispute settlement agreements – by mediator;
- agreements on the settlement of a dispute on the payment of alimony in a participatory procedure – by lawyers, persons who are members of the Chamber of Legal Advisers;
The amount of alimony is determined by parties in notarized agreement and cannot be lower than the amount of alimony that could have been collected through legal actionIf the person obliged to pay alimony resides in a foreign country, the plaintiff who has a place of residence in the Republic of Kazakhstan has the right to apply to the courts of the Republic of Kazakhstan.
The decision of the Kazakh court on the recovery of alimony from a foreigner may be recognized and enforced on the territory of a foreign state.
1) From CIS citizens in accordance with the Minsk and Chisinau Conventions on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases.
A petition for recognition and enforcement of a court decision is filed by the party in whose favor the decision was made to the competent court of another State where the decision is subject to enforcement. It can also be filed with the court that ruled on the case in the first instance. This court sends an application for recognition and enforcement of its decision to the competent institution of the requested State.
Attached to the petition of the claimant is:
the decision, or a certified copy of the court decision, as well as an official document stating that the decision has entered into force and is subject to execution, or that it is subject to execution before it enters into force, if it does not follow from the decision itself;
a document from which it follows that the party against whom the decision was made, who did not take part in the process, was duly and promptly summoned to court, and in case of her procedural incapacity was duly presented;
a document confirming the partial execution of the court decision at the time of its forwarding;
a document confirming the agreement of the parties on matters of contractual jurisdiction.
The application for recognition and enforcement of the decision and the documents attached to it shall be provided with a certified translation into the language of the requested State.
The translation of the petition and the documents attached to it into the language of the requested Party or into the language provided for by an international agreement, its certification, is carried out by the recoverer.
Recognition and execution of court orders on the territory of foreign States is not included in the scope of legal assistance provided.
2) From citizens (the defendant) of a foreign country in accordance with:
- Convention on the Recovery of Alimony Abroad (New York, June 20, 1956)
The State to which it is necessary to send a request (petition) for consideration to a person located on its territory must be a party to these Conventions.
The plaintiff draws up the claims for the recovery of alimony in the form of a request addressed to the competent authority of the respondent's State of residence. All relevant documents must be attached to the request, including (when necessary) a power of attorney authorizing an intermediate instance to represent the interests of the plaintiff in court. All the details and contents of the documents attached to the application for legal assistance should be stated clearly and clearly, typed on a computer, neatly decorated. The documents must be accompanied by notarized translations into the language of the respondent's State of residence.
In the absence of an agreement on the payment of maintenance for minor children, the court levies maintenance on their parents on a monthly basis in the following amounts: one quarter for one child, one third for two children, and half of their earnings and/or other income.
The amount of these shares may be reduced or increased by the court, taking into account the financial or family situation of the parties and other circumstances worthy of attention.
Court may also determine an alimony payment in fixed amount, which will monthly be withheld from one of parents in favour of another.
In case if a parent does not have a regular income, court may also determine monthly enforced collection of alimony:
If income is not sufficient for payment of alimony in the amount fixed by court decision or there is debt related to alimony payment, money is collected from funds available on bank accounts.
If an individual obliged to pay alimony does not have sufficient money, collection of funds might legally be extended to real property.
If a debt accumulated due to a fault of an individual, who is obliged to pay alimony based on court decision, he/she should make an alimony payment as well as forfeit in the amount of 0.1 % from the sum of alimony for each overdue day.
The maintenance obligation set out in the maintenance agreement shall terminate upon the expiration of the agreement or on the grounds provided for in the agreement, as well as upon the death of one of the parties.
Maintenance payments levied by a court of law shall be terminated:
Agreement on alimony payment (amount, conditions and procedure of alimony payment) is concluded between an individual, who is obliged to make alimony payments and receiver of such payments and if an individual obliged to make alimony payments or receiver is legally incapable, an agreement is concluded between representatives of the individuals.
An agreement on the payment of alimony, concluded out of court, is drawn up in writing in the form of:
Failure to comply with the legal form of the alimony payment agreement shall entail the consequences provided for by the Civil Code of the Republic of Kazakhstan.
The amount of maintenance paid under a maintenance agreement shall be determined by the parties to that agreement.
The methods and procedure for the payment of maintenance under the maintenance agreement shall be determined by the agreement.
There is an approved List of types of wages and/or other income from which child support is withheld.
Maintenance for underage children is withheld from all types of wages (monetary remuneration, maintenance) and other income received by parents in monetary (national and/or foreign currency), except for the income of the persons referred to in paragraph 2 of the list, including:
1) from wages accrued to employees for actually worked time or for work performed on the basis of established job salaries (rates) stipulated by the wage system;
2) from all types of additional payments and allowances provided for by the wage system, as well as from allowances received from savings within the wage fund or from funds provided for the maintenance of the institution in question;
3) bonuses (monetary remuneration) provided for by the wage system;
4) from all compensation payments, except for payments:
(5) Remuneration from wages retained during the leave, as well as monetary compensation for unused leave if the leave is combined for several years;
6) from commission fees (for insurance agents and brokers);
7) from income received for work performed and services rendered under contracts concluded in accordance with the civil legislation and not being of a one-off nature;
8) from payments of author's remuneration.