A claim for an increase in the amount of alimony previously established by the court
Medeu District Court of Almaty
to Judge M.M. Amirov.,
Almaty, 050000, Nusupbekov St. 26/1.
8 727 333 13 02.
Plaintiff: B.A.S.
IIN ....
Almaty, md., house. 47, sq.4.
+7 701 ...
Defendant: I.S.B.
IIN .
+7 775 ….
Aktobe region, city .., district .., ave .., 46B, room 3, sq. 28.
A third party who does not make independent claims
I.A.M. (plaintiff's mother)
IIN ..
+7 701 ..
Almaty, md., house. 47, sq. m.4.
The claim
on the increase of the amount of alimony previously established by the court
On December 14, 2023, the Medeu District Court of Almaty, the presiding judge, M.M. Amirov, considered the civil case No. 7517-23-00-2/28256 on the claim of B.A.S. to I.S.B. for the recovery of alimony for the duration of studies in the higher education system, the court decided - the claim of B.A.S. for the recovery of alimony for the duration of studies in the higher education system, - partially satisfy.
To collect from I.S.B. in favor of B.A.S., a full-time student in the higher education system, funds in the form of alimony for his maintenance for the period of study, monthly in the amount of 45 (forty-five) monthly calculation indices (MCI), starting from October 18, 2023 and until he reaches twenty-one of the year.
The Court found that B.A.S. (hereinafter referred to as the Plaintiff) is studying abroad at a higher educational institution, the Cyprus International University.
According to Article 76 of the Civil Procedure Code of the Republic of Kazakhstan, the circumstances established by a court decision or decision that has entered into force in a previously considered civil case are binding on the court. Such circumstances are not proven again in other civil cases involving the same persons.
The reason for the Plaintiff's filing of this lawsuit is the following changes: At the beginning of the academic semester, the university where the Plaintiff studies raised tuition prices by 12%. For the Plaintiff, the increase in the cost of studying at the university seriously affected the financial situation, since in addition to tuition fees, the Plaintiff has expenses such as clothing, food, travel, rental expenses, etc. An account statement belonging to the Plaintiff was attached to the claim, which states that on September 16, 2024, the Plaintiff added tuition fees in the amount of 1,697,482 tenge. Thus, the Plaintiff's financial situation currently needs assistance. Especially from his own father.
Paragraph 1, Article 175 of the Law of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" stipulates that if, in the absence of an agreement on the payment of alimony, the financial or marital status of one of the parties has changed after the court has established the amount of alimony, the court may, at the request of either party, change the established amount of alimony or release the person who is obliged to pay alimony, from their payment. When changing the amount of alimony or exempting them from payment, the court has the right to take into account other noteworthy interests of the parties.
The court also found that by the decision of the Aktobe City Court of February 15, 2023, alimony was collected from the defendant I.S.B. in favor of B.A. alimony for the duration of his studies at the Kazakh University of Economics, Finance and International Trade in the amount of 30 MCI, starting from December 19, 2022, until reaching the age of 21.
The court, considering that the defendant also pays alimony for the period of education of the second son A., based on the monthly calculation index in the amount of the maximum possible preservation of the plaintiff's previous level of security, as well as observing the principle of reasonableness and fairness, considers it possible and sufficient to recover from the defendant in favor of the plaintiff monthly alimony for the education of plaintiff B.A.S. in the amount of 45 MCI, starting from the moment the plaintiff goes to court on October 18, 2023, until he reaches the age of 21.
However, to date, the decision of the Aktobe City Court of February 15, 2023 has been executed by I.S.B. in connection with the achievement of B.A.'s first son at the age of 21.
The court also found that, when evaluating the evidence presented by the parties and explanations about the defendant's financial and marital status, the court concludes that the defendant, I.S.B., is able-bodied, has an appropriate education, and currently holds a highly paid position as director of the department at K. LLP. According to paragraphs 9 and 14 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated November 29, 2019 No. 6 "On the application of legislation by courts when considering cases related to the recovery of alimony", by virtue of subparagraph 24) of paragraph 1 of Article 1 of the Code, financial status should be understood as the presence or absence of wages, pensions, and other income; size; availability of property; receiving or not receiving financial assistance from other family members.
According to paragraph 2, Article 141 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter referred to as the Code), it is stipulated that the collection of maintenance for children studying in the system of general secondary, technical and vocational, post-secondary education, in the system of full-time higher education under the age of twenty-one, if in the absence of an agreement on the payment of alimony, it is carried out in court in a fixed amount of money.
Paragraph 3 provides that the amount of a fixed sum of money is determined by the court based on the size of the monthly calculation index to the extent possible to maintain the child's previous level of security, taking into account the financial and marital status of the parties and other circumstances worthy of attention.
Article 144 of the Code states that in the absence of an agreement on the payment of alimony and in the presence of exceptional circumstances (serious illness, injury to minor children or disabled adult children in need of assistance, the need to pay for outside care for them and other circumstances), each parent may be involved by the court to participate in additional costs caused by these circumstances..
If the procedure for the parents' participation in additional expenses and the amount of these expenses are not determined by mutual agreement, they are determined by the court based on the financial and marital status of the parents, other children and the interests of the parties that deserve attention in a multiple of the monthly calculation index at the time of payment of alimony payable monthly.
The court has the right to oblige parents to participate in both the actual additional expenses incurred and the additional expenses that must be incurred in the future for the maintenance of children.
In accordance with paragraph 14 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated November 29, 2019 No. 6 on the application of legislation by courts when considering cases related to the recovery of alimony, which stipulates that claims for the recovery of alimony for adult children studying in the system of general secondary, technical and vocational, post-secondary education, in the system of higher education full-time education under the age of twenty-one (paragraph 2 of Article 138 of the Code) is presented by adults themselves.
The amount of child support to be collected in this case is established by the court in accordance with paragraph 2 of Article 141 of the Code in a fixed amount of money, based on the size of the monthly calculation index (hereinafter referred to as the MCI), to the extent possible to preserve the child's previous level of security, taking into account the material and marital status of the parties and other circumstances worthy of attention.
At the same time, it is necessary to take into account the costs necessary for the purchase of clothing, food, tuition fees for paid education, rental costs, etc.
In each case, the court must proceed from the necessity of these costs.
In accordance with the requirements of Article 17 of the Civil Code, a citizen's ability to acquire and exercise civil rights, create civil duties for himself and fulfill them arises in full upon reaching the age of majority, i.e. upon reaching the age of eighteen.
In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests.
In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings.
On September 14, 2024, in order to receive legal advice and file a Lawsuit, he applied to the Law and Law Law Firm, where a lawsuit was filed and sent to the court through the judicial office, for which funds in the amount of 30,000 tenge were paid to the office, as evidenced by the receipt.
In accordance with Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, it is stipulated at the request of the party in whose favor the Decision was made, the court awards on the other hand the costs incurred to pay for the assistance of the representative.
Article 30, paragraph 4, of the Civil Procedure Code of the Republic of Kazakhstan "Jurisdiction at the choice of the plaintiff" defines: Claims for establishing paternity and for collecting alimony may be filed by the plaintiff at his place of residence.
As stipulated in the Code of the Republic of Kazakhstan on Taxes and Other Mandatory Payments to the Budget (Tax Code), Article 616, paragraph 4, "Exemption from payment of state duty in courts", Plaintiffs are exempt from paying state duty in courts for alimony claims, respectively, in these circumstances of the case, the Plaintiff is exempt from paying state duty in the court.
The reasons for the above are guided by paragraph 1, Article 175 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family",
I ask the Court:
· To change the amount of alimony established by the decision of the Medeu District Court of Almaty on December 14, 2023, by increasing the funds in the form of alimony for the maintenance of B.A.S. for the period of study, monthly to the amount of 100 (one hundred) monthly calculation indices (MCI), until he reaches the age of twenty-one.
· To collect from the Defendant I.S.B. in favor of the Plaintiff B.A.S. court costs in the form of payment for services in drafting a Claim in the amount of 30,000 tenge.
With respect,
____________/ B.A.S.
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