A claim for the recovery of alimony for payment in the higher education system
Specialized Inter-District Court for
juvenile affairs of the city of Almaty
Almaty city 34 Markova Street, Almaty
8 (727) 333 1111
Plaintiff: B
IIN ...
Almaty, ....
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 971 78 58; +7 708 578 5758.
Defendant: And
IIN .....
+7 775 .....
Aktobe region, Aktobe, Astana district, Aliya ave....
A third party who does not make independent claims
And (plaintiff's mom)
IIN ....
+7 701 ......
Almaty, md......
The claim
on the recovery of alimony payments in the higher education system
The defendant, HMB (hereinafter referred to as the Defendant), lived together with IAM in a registered marriage.
As a result of living together, a son, BAS, was born (hereinafter referred to as the Plaintiff) Born on 22.09.2005.
The Defendant does not participate and does not take part in the upbringing of the Plaintiff as a father.
Currently, the Plaintiff has enrolled in paid education based on an educational grant (won an educational grant of 85 %) to a higher education institution, Cyprus International University, computer engineer (as evidenced by certificate No. 22301399 dated 07/04/2023.
Thus, the Plaintiff has expenses for studying in the higher education system, as well as other expenses such as clothing, food, travel, rental expenses, etc.
The plaintiff is completely dependent on the mother. The Plaintiff's financial situation currently needs assistance. Especially from his own father.
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 costs incurred and the additional costs 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 the Information Letter The Advisory Council for the Development of a unified judicial practice in the Administration of Justice of the Karaganda Regional Court dated June 6, 2012 No. 10 "On the practice of considering civil cases for the recovery of alimony for minors and adult children" recommended: In order to form a uniform judicial practice of considering civil cases related to the recovery of alimony amounts for the maintenance of minor children enrolled in the system general secondary, technical and vocational, post-secondary education, in the system of full-time higher education under the age of 21, as well as disputes about changing the amount of alimony for minor children previously established by the court, the Advisory Council recommends the following. According to paragraph 2 of art. 141 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter referred to as the Code), 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 21, in the absence of an agreement on the payment of alimony is carried out in in a court order in a fixed amount of money.
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.
By virtue of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests.
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.
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 2, Article 141 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family",
I ask the Court:
To collect alimony from the Defendant HMB in favor of the Plaintiff BAS in the form of a fixed sum of money for the maintenance of tuition fees in the higher education system, as well as additional expenses in the amount of 200 MCI per month.
With respect,
____________/ B.A.S.
"____"___________2023 the year
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