CLAIM FOR RECOVERY OF MAINTENANCE IN A FIXED MONETARY AMOUNT
To the Specialized Inter-District Court for Juvenile Matters of 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 .....
Ili District, Almaty Region, ...
+7 771 ...
STATEMENT OF CLAIM
for Recovery of Maintenance in a Fixed Monetary Amount
On 12 February 2020, the Court of Zhetysu District of Almaty, presided over by Judge Kanatbayev S., issued a court order pursuant to which maintenance was recovered from Sa Da Ka (hereinafter referred to as the “Defendant”) in favor of Noy A Mkyzy (hereinafter referred to as the “Plaintiff”) for the support 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 1/3 of the Defendant’s salary 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 the enforcement proceedings, since 2020, maintenance payments have been withheld from the Defendant’s official salary at Almol LLP. Throughout all these years, his documented income has fully corresponded to the minimum wage — initially KZT 44,000, followed by KZT 60,000, KZT 70,000 and KZT 85,000. Such “stability” of income levels, despite changes in the labor market and the high level of responsibility associated with the position actually held by the Defendant, cannot be explained otherwise than by the deliberate understatement of official payments by the employer and concealment of the Defendant’s actual income.
As a result, the Plaintiff’s children received negligible amounts of maintenance: KZT 6,534 per child per month, which clearly does not 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, maintenance has been withheld in the amount of 1/4 of the Defendant’s salary, amounting to only KZT 18,651 per month, which likewise cannot constitute an amount sufficient to provide the child with an adequate standard of support.
At the same time, the Plaintiff is reliably aware that the Defendant actually works as the Head of the Security Service of the holding that includes Almol LLP. The founder of the company is Andrey Antonovich Shin, who is also the founder of the large enterprise Shin-Line LLP.
The Defendant himself informed the Plaintiff at one point that his actual salary amounted to approximately KZT 1,200,000, which is entirely inconsistent with the official information.
His actual financial position is also confirmed by other circumstances: the Defendant constructed a residential house at the following address: 68 D. Street, Baiserke Village, Ili District, Almaty Region. It is objectively impossible to construct a similar 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 Shin-Line.
Thus, the Defendant deliberately conceals his actual income while maintaining a high standard of living, whereas his child receives maintenance payments which, by their amount, are more symbolic than genuinely intended 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 support of their child, and places the child in an obviously unequal position, which is impermissible both from a legal and moral standpoint.
Article 141 of the Code “On Marriage (Matrimony) and Family” expressly provides for the possibility of recovering maintenance in a fixed monetary amount where recovery as a percentage of income does not ensure the interests of the child, is difficult, or lacks real effectiveness — circumstances that fully correspond to the present case.
The withholding of 1/4 of an artificially understated income effectively defeats the very purpose of maintenance obligations and clearly infringes upon the rights of the child, which are also guaranteed by Article 27 of the Convention on the Rights of the Child.
In view of the foregoing, the Plaintiff’s representative considers that it is fair, lawful and necessary to establish maintenance in a fixed monetary amount corresponding to the Defendant’s actual level of income.
Pursuant to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the “CPC”), upon the application of the party in whose favor the judgment has been rendered, the court shall award from the other party the expenses incurred by such party for payment of the services of a representative (or representatives) who participated in the proceedings and was not employed by that party, in the amount of the expenses actually incurred by the party.
On 11 October 2025, the Plaintiff and Law Firm “Zakon i Pravo” entered into Legal Services Agreement No. 1110/25 (hereinafter referred to as 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.
As provided by Article 616, paragraph 4, 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 maintenance 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,
I HEREBY REQUEST THE COURT TO:
- Recover from the Defendant, Sa Da Ka, in favor of the Plaintiff, Noy A Mkyzy, maintenance in the form of a fixed monetary amount equal to 100 MCI per month;
- 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 Kenesbek I.M.
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