STATEMENT OF CLAIM TO THE JUVENILE COURT FOR RECOVERY OF CHILD SUPPORT IN A FIXED MONTHLY MONETARY AMOUNT
D INTERDISTRICT JUVENILE COURTOF ALMATY REGION
From the Plaintiff: Noy A M
IIN ....
Almaty, Alatau District, Microdistrict .....
Representative under Power of Attorney:
Law Firm “Zakon i Pravo”
BIN 201240021767
Office 304, 79 Abylai Khan Avenue, Almaty
info@zakonpravo.kz / www.zakonpravo.kz
+7 727 971 78 58; +7 708 971 78 58.
Defendant: SDK
IIN .....
Almaty Region, Ili District, ...
+7 771 ...
STATEMENT OF CLAIM
For Recovery of Child Support in a Fixed Monetary Amount
On 12 February 2020, the Court of the Zhetysu District of Almaty, presided over by Judge Kanatbayev S., issued a court order pursuant to which alimony was ordered to be recovered from Sa Da Ka (hereinafter – the Defendant) in favor of Noy A Mkyzy (hereinafter – the Plaintiff) for the maintenance of the minor children: K.A. Dkyzy, born on 22 September 2006, and K.A. Dkyzy, born on 8 July 2009, in the amount of one-third (1/3) of the Defendant’s earnings and/or other income on a monthly basis, commencing from 11 February 2020 until the children reach the age of majority.
Within the framework of enforcement proceedings, since 2020, alimony has been withheld from the Defendant’s official salary at Almol LLP. Throughout all these years, his documented income has consistently been exactly equal to the minimum wage – initially KZT 44,000, subsequently KZT 60,000, KZT 70,000, and KZT 85,000. Such “stability” in the level of income, despite changes in the labor market and the high level of responsibility associated with the position actually held by the Defendant, cannot reasonably be explained otherwise than by the intentional understatement of official remuneration by the employer and concealment of the Defendant’s actual income.
As a result, the Plaintiff’s children have received negligible amounts of child support: KZT 6,534 per child per month, which is manifestly insufficient to cover the subsistence minimum and does not ensure the satisfaction of the child’s basic needs.
After the Plaintiff’s elder daughter, Aruzhan, reached the age of majority, child support has been withheld in the amount of one-fourth (1/4) of the Defendant’s earnings, totaling only KZT 18,651 per month. This amount is likewise insufficient to provide the child with adequate and dignified maintenance.
At the same time, the Plaintiff has reliable information that the Defendant is in fact employed as the Head of the Security Service of the holding company which includes Almol LLP. The founder of the company, Sh A A, is also the founder of the major enterprise Shin-Line LLP.
The Defendant himself previously informed the Plaintiff that his actual salary was approximately KZT 1,200,000, which is entirely inconsistent with the officially reported income.
His actual financial circumstances are also confirmed by other circumstances. The Defendant constructed a residential house at the address: 68 D. Street, Baiserke village, Ili District, Almaty Region. It is objectively impossible to construct a comparable house within a short period of time on an income equal to the minimum wage.
In addition, the Plaintiff’s representative possesses photographic and video materials confirming the Defendant’s status within the Shin-Line company.
Thus, the Defendant deliberately conceals his actual income while maintaining a high standard of living, whereas his child receives child support which, by its amount, is rather symbolic than genuinely sufficient to meet the child’s needs.
Such conduct violates Articles 66, 67 and 138 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family”, the principle of equal participation of parents in the maintenance of their child, and places the child in an evidently unequal position, which is unacceptable both from a legal and moral standpoint.
Article 141 of the Code “On Marriage (Matrimony) and Family” expressly provides for the possibility of recovering child support in a fixed monetary amount where recovery as a percentage of income does not adequately protect the interests of the child, is difficult to enforce, or is ineffective in practice. Withholding one-fourth (1/4) of artificially understated income effectively defeats the very purpose of the Defendant’s child-support obligations and clearly infringes upon the rights of the child guaranteed, inter alia, by Article 27 of the Convention on the Rights of the Child.
In view of the foregoing, the Plaintiff’s representative considers that establishing child support in a fixed monetary amount corresponding to the Defendant’s actual level of income is fair, lawful and necessary.
Pursuant to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter – the CPC), upon application by the party in whose favor the judgment has been rendered, the court shall award from the other party the expenses actually incurred by such party for legal assistance provided by a representative (or representatives) who participated in the proceedings and was not employed by that party.
The Plaintiff and Law Firm “Zakon i Pravo” entered into Legal Services Agreement No. 1110/25 dated 11 October 2025 (hereinafter – the Agreement), pursuant to which Law Firm “Zakon i Pravo” provides the Plaintiff with legal assistance in representing her interests before the court of first instance in the present civil case. The Plaintiff paid KZT 400,000 for the legal services.
Pursuant to paragraph 4 of Article 616 of the Code of the Republic of Kazakhstan “On Taxes and Other Obligatory Payments to the Budget” (the Tax Code), under the provision entitled “Exemption from Payment of State Duty in Courts”, plaintiffs in claims for recovery of child support are exempt from payment of state duty in courts. Accordingly, under the circumstances of the present case, the Plaintiff is exempt from payment of the state duty.
Based on the foregoing, and pursuant to Article 141 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family” and Articles 140 and 145–147 of the Civil Procedure Code of the Republic of Kazakhstan,
THE PLAINTIFF HEREBY REQUESTS THE COURT:
- To order the Defendant, Sa Da Ka, to pay to the Plaintiff, Noy A Mkyzy, child support in the form of a fixed monetary amount of 100 MCI per month.
- To recover from the Defendant, Sa Da Ka, in favor of the Plaintiff, Noy A Mkyzy, representative expenses in the amount of KZT 400,000.
Respectfully,
Representative under Power of Attorney Kengesbek I.M.
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