Alimony for one child in Kazakhstan - minimum amount and nuances of collection


Alimony in Kazakhstan 2021: useful information

The minimum percentage of salary or other income for alimony for one child in Kazakhstan is 25%. If the specified amount does not cover the needs of the child, the plaintiff has the right to file a claim in court for an increase in child benefits from the second parent.

The minimum wage rate is 42,500 tenge. Thus, the minimum payments are estimated at 10,625 tenge.

The average monthly income is at the level of 70 thousand tenge. 25% as a payment is 17,500 tenge.

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Who can claim payments? The law on alimony in the Republic of Kazakhstan provides that payments can be received by:

  • children from parents;
  • incapacitated parents of children;
  • spouse or ex-spouse.

Now let's talk about the amount of alimony in Kazakhstan. When it comes to payments to children, they are calculated according to the following principle:

  • one child - ¼ income;
  • two children - ⅓;
  • three or more children - ½.

The calculator will help you calculate alimony. Kazakhstan is a country in which caring for the younger generation and socially vulnerable family members is part of the national philosophy. Therefore, the amount of alimony payments is relevant.

Use online resources to help you calculate your due payments. We will look at the amount of charges of this kind using an example.

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Spouses are obliged to financially support each other. In the event of refusal of such support and the absence of an agreement between the spouses on the payment of alimony, the following have the right to demand the provision of alimony in court from the other spouse who has the necessary means for this:

  • disabled needy spouse;
  • spouse during pregnancy and for three years from the date of birth of a common child;
  • a needy spouse caring for a common disabled child until he reaches the age of eighteen, as well as in the event that the common disabled child is assigned a disability group of I - II upon reaching eighteen years of age.

When determining the amount of alimony, the sources of its receipt are taken into account. Their list was established by the Ministry of Justice of the Republic of Kazakhstan (Order of the Minister of Justice of the Republic of Kazakhstan dated December 24, 2014 No. 372).

The calculation of alimony in Kazakhstan in 2021 is based on the following types of income:

  • wages, including additional payments, allowances, bonuses;
  • scholarship;
  • pension payments, state social benefits;
  • royalties;
  • commissions provided for insurance agents and brokers;
  • income from engaging in entrepreneurial activity without forming a legal entity;
  • income from rental property;
  • income from securities.

When wondering how alimony is calculated in the Republic of Kazakhstan, you should turn to the current legislation.

There are two ways:

  • voluntary payment (both parties contact the notary and enter into an agreement);
  • forced payment, for example, if the payer does not agree with the fact of paying alimony or does not agree with its amount. In other words, there is a dispute. It is resolved in court.

Debt of alimony.

If the parents' oral agreement is not written down on paper and notarized, it is not an obligation to pay child support in 2021. Therefore, if a parent does not pay child support, a court order forces him to allocate funds to provide for the child. If the claimant does not receive the full amount of alimony payments established by the court or does not receive it at all, he has the right to turn to the bailiff.

By handing over the writ of execution to the bailiff, the alimony collector obliges him to find the payer and recover the debt from him. If the payer hides from the bailiff, he will subsequently pay the debt for the entire past period. If the alimony collector submits a writ of execution to the bailiff after a period of more than 3 years has passed, then the payer will be obliged to repay the debt only for the last 3 years of delay.

Judicial practice in 2021 shows: if a verbal agreement was not reached by the former spouses, the alimony collector must collect the maximum amount of documentary evidence of the payer’s income level, which can be attached to the statement of claim in court. Otherwise, the court will assign the minimum amount specified by the articles of the Code “On Marriage and Family” of the Republic of Kazakhstan.

What you can do right now:

  • Study the procedure for withholding alimony in Kazakhstan in 2016
  • Carefully study the nuances of alimony debt;
  • Watch the video presented in the article;
  • Read also additional material on this topic: What is the statute of limitations for alimony and the amount of the penalty?

Alimony in Kazakhstan 2021 With minimum wage

The payer and the recipient of alimony (in the case of receiving child support - one of the parents or the person who replaces him) enter into an agreement on the payment of alimony. It is aimed, first of all, at the voluntary fulfillment of alimony obligations and provides the opportunity to independently resolve the issue of paying alimony without court intervention.

How to draw up a child support agreement

To do this, you need to contact a notary. Such a document is drawn up in writing and notarized. Failure to comply with these conditions entails the agreement being declared invalid.

The agreement defines the amounts, frequency of payment, additional costs, obligations of the parties, and deadlines. If the alimony payer does not fulfill his duties, then alimony can be collected on the basis of a notary’s writ of execution.

Mandatory collection of alimony is carried out on the basis of an executive decision, when the payer and recipient of payments have not reached an agreement, and the dispute has been referred to the court for consideration. After the decision is made, the enforcement of alimony in this case is carried out by the bailiff.

The procedure for collecting alimony in court

A person who has the right to collect alimony may apply to the court with a statement of claim. Such cases are considered in the order of writ and claim proceedings. Writ proceedings make it possible not to involve both sides of the case in the trial, but the plaintiff’s demands must be indisputable. This is a requirement.

Today, in Kazakh courts, consideration of civil cases (including the collection of alimony) through writ proceedings is a very common phenomenon. As a rule, writ proceedings are used when it comes to debt collection. The requirements necessary for this are listed in Article 140 of the Code of Civil Procedure of the Republic of Kazakhstan. This process allows you to save not only time, but also money.

A serious disadvantage is that a court order can be canceled if a written objection is provided to it. In this case, the applicant will be forced to re-apply to the court with a statement of claim for the recovery of alimony.

  1. Documents confirming the circumstances of the case:
  • a copy of the marriage certificate (divorce);
  • copies of birth certificates of children (child);
  • other documents (for example, certificates of receipt of a pension, certificates and receipts for payment of tuition at an educational institution, certificates of treatment and expenses incurred, and so on);
  1. Documents confirming the identity of the plaintiff (passport, military ID, foreign passport, etc.);
  2. Receipt for payment of state duty;

4 A copy of the application for the defendant.

After submitting a statement of claim to the court office in person or sending it by mail, it is handed over to the judge to determine its compliance with the form established by law.

The judge finds out whether it was filed correctly. For example, the plaintiff and defendant live in the same area, but the claim was filed in another. In this case, the application is transferred to the court at the place of residence.

If there are shortcomings in the text itself or all the necessary documents have not been submitted, the court gives time to eliminate the shortcomings. If they are corrected, the judge proceeds to consider the case according to all the rules of civil procedure.

The parties are called to testify, if necessary, witnesses are heard, evidence is examined, and the case materials are studied in detail.

The result of the judicial review is a decision. It can be of three types:

  • satisfy the plaintiff's demands;
  • partially satisfy the claim;
  • refuse to satisfy the plaintiff's demands.
  • amounts compensating for damage caused to health and received after the loss of a breadwinner;
  • payments to persons injured in the performance of official duties;
  • compensation payments for victims of man-made and radiation disasters, as well as compensation paid as a result of the death of these persons;
  • social payments aimed at purchasing medicines and travel on public transport;
  • alimony received by the defendant himself;
  • some types of insurance;
  • maternity capital funds.

If there are two or more adult children, the court distributes the amount of alimony among all, but takes into account the family and property status of all parties and other relevant factors and assigns payments in multiple proportions to the MCI. The court will not satisfy the claim of parents to receive monetary allowance from their adult children if they themselves previously avoided their child support obligations or were deprived of parental rights.

“Our employees have heard more than once that debtors do not refuse to make payments to children. They are ready to transfer funds to the child’s account. But this is impossible, the son or daughter is still a minor,” said the head of the regional chamber of private bailiffs of the East Kazakhstan region, Adlet Beisenbaev.

Later, on the sidelines of the Majilis, the chairman of the board of the Republican Chamber of Private Bailiffs, Yernar Ibraev, explained that the membership fee, from which they plan to maintain the alimony payment fund, will vary from 50 to 200 MCI.

For bailiffs in large regional centers, the contribution amount will be 200 MCI (505 thousand tenge as of 2021). For small ones 50 MCI (126 thousand 250 tenge). Bailiffs will have to pay this amount once upon joining the chamber.

At the same time, the state will not spend budget funds for the functioning of this fund. The budget will be formed by members of the Republican Chamber through membership fees and voluntary donations. Therefore, the fund's funds will be limited. Control over the work of the fund is assigned to the board of trustees of the chamber.

When spouses do not live together or are planning to divorce, it is important for women to know how to calculate alimony if children remain with them. To make the calculation, you need to determine the method of collection and know the legal regulations regarding the amount of payments.

How to enforce a Russian court decision?

The most difficulties arise at the stage of execution of a court decision. The outcome of the case depends on whether the foreigner lives in the Russian Federation. If he lives abroad, the relations that have developed between the Russian Federation and another country play a decisive role.

If a foreign citizen lives in Russia

In relation to foreigners living in Russia, enforcement proceedings are initiated according to the rules of Law dated October 2, 2007 No. 229-FZ. They are subject to the national legal regime.

The executive document is sent to the employer. Deduction is made from the payer's earnings.

If the foreigner lives in the country of citizenship

It is more difficult to withhold alimony from a foreign citizen living abroad. In such a situation, the following options are possible.

There is no agreement concluded between the Russian Federation and the payer’s country of residence

In such a situation, the writ of execution is sent to the SSP. The bailiff issues a ruling on the impossibility of collection. The recipient of the payment applies to the authorities of a foreign state with a petition to resolve the issue of executing the decision of the court of the Russian Federation. If interaction between countries is not established, the appeal will be ignored. The decision may remain unenforced.

An international treaty has been concluded providing for the recognition procedure

An international treaty may provide that decisions of courts of the Russian Federation are executed by foreign law enforcement agencies after undergoing the recognition procedure (exequatur). For example, such conditions are contained in the Convention within the CIS, signed on January 22, 1993 in Minsk.

The recipient of the content will have to apply to the court of the Russian Federation with a request to conduct a recognition procedure in another country. The judge sends the documents to the territorial body of the Ministry of Justice, which deals with issues of cooperation regarding the execution of court decisions against foreigners. After receiving permission, foreign authorities implement the decision.

The international treaty does not provide for a recognition procedure

The simplified procedure assumes that in order to enforce decisions of Russian courts, it is necessary to apply directly to the competent authority of a foreign state. Enforcement proceedings are initiated on the basis of an executive document of the Russian Federation. For example, such a system of interaction has developed with the Republic of Belarus.

How to calculate the amount of alimony withholding?

At the beginning of August this year, the head of the Ministry of Justice announced the possibility of creating a fund for alimony payments. This fund will help alimony payers during a difficult period of life, when, for example, they lost their job or got sick. According to the mechanism proposed by the Ministry of Justice, Kazakhstanis who pay alimony will take money from the fund during financial difficulties. Later they will be obliged to return the borrowed funds back to the fund.

  1. a copy from the district hospital where the child is being monitored.
  2. address certificate for the defendant;
  3. a copy of the applicant's identity card;
  4. a copy of the child’s birth certificate (if the father is not included in it - a certificate of voluntary recognition of paternity or a copy of a certificate of paternity established on the basis of a genetic examination);
  5. address certificate for the applicant;

Thus, on 03/07/2021, a new law came into force regulating the procedure for recognizing as missing a person who owes alimony. This rule may be applied if the search does not lead to positive results. Thanks to this change in the legislation of the Russian Federation, it will be possible to protect the rights of children whose parent is hiding from justice. The plaintiff in this situation can count on assigning the child a certain amount of pension for the loss of a breadwinner.

As for the procedure for collecting alimony from an unemployed person, everything is the same as in the procedure with an employed person. You need to collect a package of relevant documents and file a statement of claim at the defendant’s place of residence. After the court order is issued, the case will go to the bailiffs, who need to check whether the defendant works, whether he is engaged in self-propelled activity, and what property he has. A notice is then sent to the respondent.

These situations and the corresponding amounts of payments assigned in different cases (including in the case of 1 child) are provided for by the norms of the Family Code of the Russian Federation (in particular, Article 81 of this code). They are also taken into account in the Concept of State Family Policy in Russia for the period until 2025, implemented from 2021. Next - more about what standards are applicable in situations requiring alimony payments for 1 child. In the case when a situation leading to the need for alimony arises as a result of a “civilized” process, i.e., for example, by mutual consent of parents who do not have claims against each other, it is often enough to simply draw up a so-called alimony agreement, notarized and regulating the volume and frequency of payments.

If the child's parents could not agree

To collect alimony through the court, you need to prepare copies of some documents and fill out a claim form. You must provide the statement of claim in two copies: one for the court, the other for the defendant. Sample applications can be found on stands in the courthouse or downloaded from our website.

To submit an application for alimony, you must provide copies of:

  • ID cards,
  • address certificate,
  • marriage certificates,
  • child's birth certificate.

This is not the entire list. It will differ depending on the specific situation. You may need a certificate from the child’s place of study or a certificate about his state of health, a certificate about your income or the income of the second parent. It is better to clarify these nuances with a lawyer rather than looking for answers on the Internet.

Information on forums and online articles may be out of date or inaccurate. Several legal portals include a receipt for payment of the state duty in the list of documents for the statement of claim. The state duty is a monetary fee that the plaintiff pays for applying to government agencies. All plaintiffs must pay such a fee, with several exceptions, which are specified in the Tax Code of the Republic of Kazakhstan (Article 541). According to paragraph 4 of this article, plaintiffs in claims for alimony are exempt from paying state fees. It turns out that the information in those articles is not true.

How to calculate child support for 1 child in Kazakhstan in 2021

Child support new law 2021 Children remain without any financial support. In July 2021, another bill was developed and adopted, the task of which is to create special bank accounts necessary for crediting only those amounts of money intended for minors. This is done so that creditors and government agencies cannot independently write off money intended for children. That is, such accounts are issued in the name of the parent with whom the child lives and are inviolable. Minimum child support in 2021 Considering that a bill fixing the minimum amount of payments in favor of minor children has not been adopted, the share distribution, which is based on the level of income of the alimony payer, still remains in force.

Alimony in Kazakhstan 2021 Important Alimony for adult but disabled children According to Article 143 of the Code, able-bodied parents are obliged to support their disabled adult children who need help. In this case, in the absence of an agreement, the amount of alimony is determined by the court based on the financial situation of the family, and will be a multiple of the MCI.

The amount of child support depends on the number of children the payer has. An only child receives a quarter of the income, if there are two children, then they account for a third of the earnings, 16.5% per child, three or more - half of the total wages received for the billing period, that is, for the month. It is worth keeping in mind that if there are children from different marriages, the amount of alimony is divided equally between them.

Families of those killed during the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant and other radiation disasters and accidents at civil or military facilities; families of those who died as a result of radiation sickness or deceased disabled people, as well as citizens whose death is in accordance with the established procedure connected with the impact of the disaster at the Chernobyl nuclear power plant and other radiation disasters and accidents at civil or military facilities and nuclear tests - 4.59 MCI (11,039 tenge ).

  • minors and disabled adult children from parents;
  • ex-wife from her ex-husband during pregnancy, if the pregnancy occurred before the divorce;
  • a former spouse caring for a common child under 3 years of age or a disabled child under 18 years of age or an adult disabled child;
  • in some cases, by court decision, one of the former spouses has become disabled and needs financial assistance from the other former spouse;
  • disabled parents in need of financial assistance from able-bodied children.

Alimony and everything about it

Persons who were distinguished by inappropriate behavior before the dissolution of the marriage, who had been married for a short time, or who received disability as a result of the intentional commission of a crime or drug or alcohol abuse could not count on support from their former spouses.

On amendments to the Civil Code of the Russian Federation (in order to exclude the possibility of foreclosure on monetary payments of a social nature within the framework of enforcement proceedings) Due to the fact that there are types of income that cannot be subject to penalties, deputies proposed the creation of special social bank accounts for individuals who receive financial and social benefits. guarantees, which include: · Accrued alimony · Pensions for the loss of a breadwinner · Compensation for harm to health · Etc. Such accounts can only be opened by individuals. persons, and income that is prohibited for collection by executive bodies will be subject to crediting. Failure to comply with the requirements for the inviolability of the “social account” carries with it administrative liability in the form of a fine of up to 50,000 rubles for responsible services and departments, and up to 1 million rubles for credit institutions. This bill was adopted in the first reading .

Amount of Alimony in Kazakhstan for One Child for 2021 Not Working

Mandatory collection of alimony is carried out on the basis of an executive decision, when the payer and recipient of payments have not reached an agreement, and the dispute has been referred to the court for consideration. After the decision is made, the enforcement of alimony in this case is carried out by the bailiff.

The payer and the recipient of alimony (in the case of receiving child support - one of the parents or the person who replaces him) enter into an agreement on the payment of alimony. It is aimed, first of all, at the voluntary fulfillment of alimony obligations and provides the opportunity to independently resolve the issue of paying alimony without court intervention.

To voluntarily pay alimony, parents should draw up and notarize a written agreement on the payment of child support, which determines the amount and timing of payment. The amount of payment cannot be less than that established by law. Alimony can be determined and paid either as a share of the income of the alimony payer, or as a flat sum of money.

You can submit documents for execution yourself. A sample application is available directly from the bailiffs. Within three days, a case must be initiated and relevant requests sent. If all the information is correct, the bailiff service employee sends the resolution and writ of execution to the debtor’s place of work.

  1. in shares of the payer’s monthly or other total income;
  2. in a strictly fixed amount of money paid periodically;
  3. in a strictly established amount of money, paid on a one-time basis;
  4. other ways in which the parties came to a common opinion.
  5. by assigning any property to the recipient;

The Family Code of 2021 establishes that the further procedure for withholding alimony rests with the accountant, who is responsible for possible delays and errors in calculations. In case of dismissal of the payer, his employer is obliged to inform the bailiff about this.

Recently, lawyers have been advising such mothers, whose husbands are officially unemployed, to file a lawsuit to transfer alimony into a fixed sum of money. The court usually takes the side of the woman and her children, so it has the power to force such a man to actively look for work. If the father of the children does not work and does not work for the Employment Service, the mother of such children is even more obliged to go to court to collect alimony from him.

A parent may avoid providing financial support and may not spend money on children at all - this must be confirmed in court. What is good about writ proceedings is that only 5 days pass from filing an application to issuing a court order.

For example, a parent raising a child may demand an increase in child support due to the need for treatment, the purchase of medications, a trip to a health care facility, payment for studies at a preschool, sports section, university, or the purchase of clothes and shoes.

The amount of alimony in this case is specified in the agreement, but it cannot be lower than the amount of alimony assigned by the court. How to collect alimony in court? If it was not possible to reach an agreement, or one of the parties refuses to pay alimony voluntarily, then you can file an application with the court and forcefully collect alimony. To do this, you must apply to the court with a statement of claim, always at the place of registration of the defendant spouse. Collection of alimony is the process of forced collection of alimony from a person who, for one reason or another, evades their voluntary payment. You can apply to the court to collect alimony, regardless of the period that has elapsed since the right to alimony arose, if alimony was not previously paid under an agreement on the payment of alimony.

How is alimony determined?

Alimony penalties are imposed voluntarily or compulsorily (through legal proceedings). The first option involves the parties reaching an oral peace agreement, which determines the size and regularity of payments. However, do not forget that for an agreement to enter into legal force in Kazakhstan, it must be notarized. This action is necessary so that in the event of termination of payments or reduction in their amount, the payer can be held accountable. If the oral agreement was not certified by a notary or was not drawn up at all, the claimant of alimony funds must contact the magistrate in Kazakhstan with a statement of claim. The court can collect alimony in shares of the ex-spouse's earnings (the most common method) or in a fixed amount.

In both cases, after the court makes a decision, the recipient of alimony funds receives a decree indicating the amount of payments per month. Subsequently, this decision is transferred to the bailiff to demand alimony from the payer.

//www.youtube.com/watch?v=QWlkR9Vrw88

You may also be interested in:

  • Review of judicial practice on the collection of alimony
  • Sample of a real application for calculation of alimony debt
  • Collection of alimony - procedure, payment, judicial practice
  • Jurisdiction of cases of alimony collection

Minimum child support in 2021 in Kazakhstan

Today, in Kazakh courts, consideration of civil cases (including the collection of alimony) through writ proceedings is a very common phenomenon. As a rule, writ proceedings are used when it comes to debt collection. The requirements necessary for this are listed in Article 140 of the Code of Civil Procedure of the Republic of Kazakhstan. This process allows you to save not only time, but also money.

The agreement defines the amounts, frequency of payment, additional costs, obligations of the parties, and deadlines. If the alimony payer does not fulfill his duties, then alimony can be collected on the basis of a notary’s writ of execution.

  • By tracking cash inflows and outflows. After a court decision is made to collect alimony, you should contact the bailiff with an application to track the payer’s income and expenses. This will allow you to check monetary transactions and determine the amount of earnings, on the basis of which you can collect the appropriate amount of alimony - in a new trial.
  • By obtaining evidence of the payer's income. Witnesses who are not interested in the outcome of the trial may testify about the income of the alimony payer known to them.

How much child support should an unemployed person pay? As is clear from the above, to determine the amount of alimony from a non-working person, the average salary indicator .

  1. A spouse requiring financial assistance who has lost all ability to work. Unless the loss of ability to work is related to his abuses and crimes and if the marriage lasted more than 5 years.
  2. A spouse who is at the stage of pregnancy, and also supports a common young child (until he reaches 3 years of age).
  3. A spouse caring for a joint disabled child until he comes of age or for an adult common child with a disability group of I or II.
  4. A divorced spouse in need of assistance who became disabled during the marriage.

The responsibility of parents to their underage and adult disabled children is enshrined in the Republic of Kazakhstan at the legislative level.

Moreover, the lack of income does not exempt them from paying alimony.

  • From salary (this also includes bonuses, allowances, material incentives and vacation pay);
  • From royalties;
  • From amounts received for work performed or services provided that were performed under the contract;
  • From state social benefits and pensions;
  • From scholarships;
  • From income from business activities (not legal entities);
  • From income received from the rental of property;
  • From income from securities;
  • From the commission of full-time insurance agents, brokers, etc.

As for the procedure for collecting alimony from an unemployed person, everything is the same as in the procedure with an employed person. You need to collect a package of relevant documents and file a statement of claim at the defendant’s place of residence. After the court order is issued, the case will go to the bailiffs, who need to check whether the defendant works, whether he is engaged in self-propelled activity, and what property he has. A notice is then sent to the respondent.

In particular, if a couple divorces and the child lives with only one of the parents, for example with the mother, paternal responsibilities do not automatically cease, but quite the opposite. The biological father must still participate in raising the child and support him financially, regardless of his marital status and the fact of documentary evidence of divorce.

In particular, the parental rights of the mother are established according to medical documents confirming the fact of the birth of the baby, and the rights of the father according to the marriage certificate, according to which he will be considered the father automatically, even if the couple is divorced, but the baby appears within 300 days from the date of divorce marriage.

Alimony for children after 18 years of age The law clearly states that in some cases alimony must be paid to adult children.1.

If the child is a full-time student, until the age of 21, alimony may be collected by the court in a fixed amount (if there is no agreement). 2.

The list of income for withholding child support has been changed. If there is no agreement or understanding, then the following may file a claim in court to collect alimony:

  1. First you need to write a statement of claim.
  2. Then attach to it copies of the passport, certificate or passport of the child, divorce papers, as well as a copy of the address certificate.
  3. Next, pay for the service in accordance with government rates.

Thus, the amount of alimony from an unemployed person will be a percentage - 1/4, 1/3 or 1/2 of the average salary, depending on the number of children. In Art. 81 of the RF IC establishes exact limits for establishing alimony payments in shares of all types of income of the debtor:

If the defendant tries to evade paying money to a child, special measures will be applied to him, first of an administrative and then of a criminal nature.

Witnesses who are not interested in the outcome of the trial may testify about the income of the alimony payer known to them.

Retention calculation

To calculate the amount of alimony from the income of employees of an organization, use the document Calculation of deductions for employees of organizations

(section
Salary - Salary
).

The amounts of alimony and fees/commissions are calculated automatically using the Calculate

and are displayed in the
Other deductions
.

Judge of the Supreme Court of the Republic of Kazakhstan: Everything about alimony

Child benefits for a child can be increased if: To receive an increased child benefit, the child’s mother needs to contact the social protection authorities at her place of residence. That is, it cannot be written in the alimony agreement that one child will receive less than a quarter of the father/mother’s monthly earnings, two children will receive less than a third, and three children will receive less than half.

The document must be certified by a notary. The agreement can be amended or terminated if the spouse who pays alimony experiences changes in their financial or marital status.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

Having the status of an officially unemployed citizen allows you to avoid liability in the form of fines for the amount of debt and deprivation of parental rights based on the norms of the Family Code, as well as punishment based on the Criminal Code. To obtain it, it is enough to submit an application and original passport to the Employment Center in the area of ​​residence of the alimony payer.

For an unemployed person, debts will accumulate until the spouse does not work. When he begins to receive a salary, they are calculated. If he is on the labor exchange and receives unemployment benefits, alimony is deducted from the benefit.

Dear visitors! Due to the fact that legal issues are individual, and articles are for informational purposes only, we advise you first of all to use the services of free legal advice. You can ask your question in this form or contact a lawyer via chat.

Alimony for children left without parental care is collected only through the court. The court determines the amount of alimony in the same manner as the amount of alimony for minor children. They are paid to the child’s guardian or trustee, his adoptive parents, or transferred to the account of the organization in which the child is located (educational, medical organizations, social service organizations, etc., Article 84 of the RF IC).

Based on the meaning of Art. 86 of the RF IC, parents from whom alimony has been collected for minor children or for disabled adult children in need of help may be involved in bearing additional expenses for the children caused by exceptional circumstances.

Such circumstances include serious illness, injury to minors or disabled adult children in need, requiring, in particular, payment for outside child care, other expenses necessary to heal or maintain the health of children, as well as for their social adaptation and integration into society (expenses for prosthetics, for the purchase of medicines, special means for care, movement or training, etc.), lack of residential premises suitable for permanent residence and other circumstances.

The procedure for the participation of parents in incurring additional expenses and the amount of these expenses are determined on the basis of a notarized agreement of the parents or by the court based on the financial and marital status of the parents and children and other noteworthy interests of the parties in a fixed amount of money payable monthly.

The court has the right to oblige parents to take part both in additional expenses actually incurred (including one-time expenses) and in additional expenses that need to be incurred in the future.

When deciding whether to collect additional expenses, the courts take into account what evidence is presented by the plaintiff to confirm the need to incur these expenses (for example, a doctor’s appointment, a rehabilitation program), and whether these expenses are a consequence of circumstances of an exceptional nature (clause 41 of the Resolution of the Plenum of the Supreme Court RF No. 56).

But if until 2014, alimony in this case was calculated based on the minimum wage in the Republic of Kazakhstan, then in accordance with the new law of January 2014 there is a calculated indicator - the average monthly salary in the republic (clause 3 of Article 169 of the Code “On Marriage (Matrimony) and family"). For example, if the average monthly salary in 2016 is 143.6 thousand tenge on average in Kazakhstan.

But already from January 29, 2016, maintaining the same amounts and conditions, they began to be calculated from the average monthly salary in force in the Republic of Kazakhstan at the time of their collection. Every month, the issue of the average salary is considered by the Agency for Statistics of the Republic of Kazakhstan.

  1. Contact the court at your place of residence with an application for alimony.
  2. Receive a court decision on their collection.
  3. Present it to the bailiff at the place of registration of the non-working payer, of which he immediately notifies the latter via mail.

Parents are obliged to raise and support their children until they reach adulthood. If the father (mother) leaves the family, then he is responsible for paying alimony, the amount of which depends on the applicant’s earnings. But how, in this case, is alimony established for non-working persons in 2021? Let's understand this issue within the framework of this material.

What is alimony?

Alimony payments are a type of payment intended to provide for a disabled or low-income family member

It is worth paying attention to the fact that the articles of Chapter 20 of the Code of the Republic of Kazakhstan “On Marriage and Family” oblige one of the spouses not only to provide for a common child, but also impose obligations for mutual maintenance of the spouses

Despite the fact that alimony payments are often intended to ensure the standard of living of a common child, other low-income social groups of people also have the right to receive them:

  • A disabled adult child or a disabled child.
  • An adult able-bodied child receiving education (up to 21 years of age).
  • A disabled spouse who became disabled during the marriage.
  • The spouse during pregnancy with a common child and for 3 years from the moment of his birth.
  • A spouse caring for a child who is disabled in groups 1 and 2 or has been disabled since childhood.
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