The Code of the Republic of Kazakhstan "On Marriage (Matrimony) and the Family" establishes the duty of parents to support their minor children, as well as the duty of able-bodied adult children to support and take care of their parents who are unable to work. In addition, the spouses are obliged to financially support each other.
Alimony is one of the forms of fulfilling the obligation to support family members and is aimed at ensuring the rights and legitimate interests of persons entitled to receive them.
The parents' obligation to maintain a minor child does not depend on whether the parents are married, whether the marriage is dissolved, whether the parents live together or separately.
If maintenance is not provided voluntarily, alimony is collected in court. The amount, procedure and methods of payment of alimony are determined by agreement of the parties or by the court.
A person who is obliged to pay alimony, upon temporary departure or departure for permanent residence outside the Republic of Kazakhstan, has the right to conclude an agreement on the payment of alimony.
In the absence of an agreement, the person concerned has the right to apply to the court with a request to determine the amount of alimony in a fixed amount of money, for a one-time payment of alimony, for the provision of certain property on account of alimony, or for another method of fulfilling the alimony obligation provided for by law.
Within the framework of enforcement proceedings, the bailiff has the right to apply a temporary restriction on the debtor's departure from the Republic of Kazakhstan in accordance with the procedure provided for by the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs".
If the person obligated to pay alimony resides outside the Republic of Kazakhstan, the issue of recognition and enforcement of a judicial act of the Republic of Kazakhstan on the territory of a foreign state is resolved in accordance with international treaties of the Republic of Kazakhstan and the legislation of the relevant foreign state.
Depending on the debtor's country of residence, international treaties on legal assistance may apply, including the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, as well as international treaties on the recovery of alimony and other forms of family support.
Documents for the recognition and execution of a judicial act are usually sent in accordance with the procedure established by the applicable international treaty.
The requirements for the composition of documents, their translation and certification are determined by the relevant international treaty and the legislation of the State in whose territory the execution is expected.
Alimony is a monetary or material maintenance that one person is obliged to provide to another person who has the right to receive it. The most common type of alimony obligations are alimony payments for the maintenance of minor children.
Alimony is intended to provide maintenance, education, upbringing and other needs of the child.
Alimony may be paid voluntarily on the basis of an agreement on the payment of alimony or may be recovered in court.
The alimony payment agreement is in writing and is subject to notarization.
In the absence of an agreement, alimony is collected by the court.
In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: one quarter for one child, one third for two children, and half of the parents' earnings and (or) other income for three or more children.
The amount of these shares may be reduced or increased by the court, taking into account the material or marital status of the parties and other circumstances worthy of attention.
In cases provided for by law, the court has the right to determine the amount of alimony in a fixed amount of money collected monthly, or simultaneously in shares of earnings and (or) other income and in a fixed amount of money.
Determination of alimony arrears
The alimony arrears are determined by the bailiff.
If the debtor did not work during the period for which the debt is determined, or documents confirming his earnings and (or) other income have not been submitted, the debt is determined based on the average monthly salary in the Republic of Kazakhstan at the time of debt collection.
If there is a debt on alimony, the bailiff, within the limits of the powers granted, takes enforcement measures provided for by the legislation on enforcement proceedings.
If, after establishing the amount of alimony, the financial or marital status of one of the parties has changed, the court may, at the request of either party, change the established amount of alimony or release the person obligated to pay alimony from paying them, if there are grounds.
Exemption from alimony payments or a change in their amount is allowed only in accordance with the procedure established by law.
The return of the enforcement document to the recoverer does not terminate the parent's obligation to maintain a minor child and is not an exemption from paying alimony.
A writ of execution may be re-submitted for execution within the time limit established by law.
Alimony for the maintenance of minor children is deducted from all types of wages (monetary remuneration, maintenance) and other income in monetary (national and (or) foreign) currency.
Including:
1) from the salary accrued to employees for the time actually worked or for the work performed, based on the established official salaries (rates) provided for by the remuneration system;
2) from all types of surcharges and allowances provided for by the wage system, as well as from allowances received due to savings within the wage fund, or funds provided for the maintenance of the relevant institution;
3) with bonuses (monetary rewards) provided by the remuneration system;
4) from all compensation payments, with the exception of payments provided for in subparagraph 7) of Article 98 of the Law;
5) from the salary retained during the vacation, as well as from monetary compensation for unused vacation, in case of combining vacations for several years.;
6) with a commission fee (to insurance agents, brokers);
7) from income received for work performed and services provided under contracts concluded in accordance with civil law and not of a one-time nature.;
8) with the payment of royalties;
9) from all types of pension payments, from state social benefits, from amounts of targeted social assistance;
10) from scholarships paid to students in educational institutions;
11) from income from entrepreneurial activities without forming a legal entity;
12) income from the rental of property;
13) from income on securities and other income from participation in the management of the property of a legal entity;
14) provided for in subparagraph 1) of Article 13 of the Law of the Republic of Kazakhstan "On Social protection of citizens affected by nuclear tests at the Semipalatinsk Nuclear Test Site" and subparagraph 2) paragraph 1 of Article 13 of the Law of the Republic of Kazakhstan "On Social protection of citizens affected by an environmental disaster in the Aral Sea region".
Alimony deductions from military personnel, law enforcement officers, and special government agencies are made from the following types of payments they receive in connection with the performance of their official duties:
1) from official salaries, salaries for military, special ranks, surcharges for special ranks or class ranks and allowances for special conditions of service established by the legislation of the Republic of Kazakhstan;
2) provided for in subparagraph 1) of Article 13 of the Law of the Republic of Kazakhstan "On Social protection of citizens affected by nuclear tests at the Semipalatinsk Nuclear Test Site" and subparagraph 2) Paragraph 1 of Article 13 of the Law of the Republic of Kazakhstan "On Social Protection of citizens affected by an environmental disaster in the Aral Sea region";
3) from bonuses (monetary rewards), which are permanent and one-time in nature, provided for by the remuneration system and received due to savings provided for the maintenance of the relevant body;
4) from the amounts of allowances and surcharges received due to savings provided for the maintenance of the relevant body;
Retention is subject to the limitations and exceptions provided for by law, including article 98 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs", which defines the amounts of money that cannot be levied.
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.
An agreement on the payment of alimony is concluded between the person who is obliged to pay alimony and their recipient, and in case of incapacity of these persons – between their legal representatives.
An agreement on the payment of alimony, concluded out of court, is drawn up in writing in the form of:
1) agreements on the payment of alimony – by a notary;
2) agreements on the settlement of a dispute (conflict) by a mediator;
3) 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 norms of the Civil Code of the Republic of Kazakhstan governing the conclusion, execution, modification, termination and invalidation of an agreement on the payment of alimony are applied to the conclusion, execution, modification, termination and invalidation of civil law transactions. Unilateral refusal to fulfill an agreement on the payment of alimony or unilateral modification of its terms is prohibited.
In the event of a significant change in the material or marital status of the parties and failure to reach an agreement on the amendment or termination of the agreement on the payment of alimony, the interested party has the right to apply to the court with a claim for amendment or termination of this agreement.
When deciding on the amendment or termination of the alimony agreement, the court has the right to take into account any noteworthy interest of the parties.
The amount of alimony paid under the alimony payment agreement is determined by the parties to this agreement and should not be lower than the amount of alimony that could be recovered in court.
The methods and procedure for paying alimony under the alimony payment agreement are determined by this agreement. Alimony may be paid in shares to the earnings and (or) other income of the person who is required to pay alimony, in a fixed amount of money paid periodically; in a fixed amount of money paid in a lump sum; by providing property, as well as in other ways agreed upon.
The alimony payment agreement may provide for a combination of different ways of paying alimony.
The obligation to pay alimony established by the alimony payment agreement is terminated upon the expiration of this agreement or on the grounds provided for in this agreement, as well as upon the death of one of the parties.
The payment of alimony collected in court is terminated: