As in Russia, child support in Kazakhstan is paid for children after a divorce. But since the country is different, the payment rules may be different. Therefore, in the article we will analyze this issue in detail. After all, you never know what might come in handy.
What it is
Alimony in Kazakhstan is a payment aimed at providing a financially disabled or poor family member.
Family legislation in Kazakhstan obliges parents to provide financially not only a common child, but also each other.
Documents
The payment of alimony in Kazakhstan is regulated by the Code of the Republic of Kazakhstan "On Matrimony and Family". Since there are no separate laws that would regulate this issue, the norms of this document are applied.
The issue of alimony is also reflected in the country's Civil Code.
Since there are no direct normative acts regulating the issue of alimony in Kazakhstan, we will give a few laws that are relevant to this topic:
- Law of the Republic of November 30, 2017. It is used in order to calculate child support or debt for their non-payment.
- Law of the Republic of April 2, 2010. Applies only during the trial.
There are also by-laws, which are also widely used:
- Order of the Minister of Justice of March 31, 2017.
- Order of the Minister of Justice of December 24, 2014.
- Guidelines for certifying an agreement on the payment of alimony dated August 20, 2016.
- Letter from the Advisory Board dated June 06, 2012.
Who relies on child support?
A person who is required to pay child support is called a child support payer. If he has a debt on payments, then he becomes a debtor.
The person who receives child support is called the recipient. It is important that the payer, as well as the recipient, can be a family member.
Alimony can be received:
- Children from both parents or from only one. Payments are due to minors and disabled children.
- Parents from children because of their weakness and disability.
- One of the spouses is married or after a divorce.
How many years is child support paid in Kazakhstan? In the republican code, this moment is prescribed in article 138, and it says there not only about the timing of payment, but also about other factors. For example, child support is paid in full:
- If the child is studying full-time at any educational institution.
- When the child is not yet twenty-one years old.
- The child is studying in the system of higher, secondary, technical education.
Alimony for a child in Kazakhstan who is studying in absentia is not expected to be paid. This is because a child at this age is already able-bodied and can work and provide for himself in his spare time from school.
Child support for minors
These alimony can be exacted in two different ways.
- Subtracted from the payer's income and his salary.
- Have a fixed amount.
It also happens that both parents are deprived of parental rights. And they also have to pay child support. The opinion that they are exempted from payments is wrong.
Payments are received by the guardian, trustee or foster carer, the money is credited to the deposit, which is open in the name of the child.
In addition to child support, parents are required to take on additional costs for the maintenance of the child.
Alimony for disabled children
How much is child support in Kazakhstan? This question cannot be answered, since in each particular case the amount and method of collection will be different. But there are differences in the payments themselves. It is understandable how child support is collected for minor children, but this procedure differs from that provided for disabled children. In the latter case, alimony can only be a fixed amount. In addition to alimony, the parent is obligated to pay all additional costs.
Alimony for spouses
No one will tell you how much child support is in Kazakhstan, but they will tell you about cases when payments are made according to the law. This includes alimony for the spouse. According to the legislation of the country, spouses are obliged to financially help each other. If one of the spouses refuses to pay, then the second may demand child support through the court.
Can claim alimony:
- Disabled needy person.
- A pregnant wife and a woman who is on parental leave (for three years).
- Spouse or spouse who are financially in need, as they are raising a disabled child. Payments are made until the child's eighteenth birthday.
- If the child has the first or second group of disabilities, then payments are also made up to eighteen years.
Child support for parents
What alimony in Kazakhstan is for children, we have already said, but there is still alimony for parents. Such payments oblige a person who does not want to voluntarily help financially disabled parents.
An exception is made only for children to whom the parents themselves did not pay child support. If parents are deprived of parental rights, then they cannot claim payments.
Where does the amount come from
What kind of child support in Kazakhstan is already clear, now we will understand the principle of accrual of payments. In order to determine the amount of child support, you need to understand where the person will pay them. A list of sources of income can be found in the Order of the Minister of Justice. There are the following types of income:
- Salary. This also includes bonuses, allowances and all kinds of surcharges.
- Scholarship.
- Pension or social benefits from the state.
- Author reward.
- Commission remuneration. This applies to brokerage exchanges and insurance organizations.
- Income from entrepreneurial activity, even if the person is not a legal entity.
- Income from property that is leased.
- Income from securities.
Child Support Size
The amount of alimony in Kazakhstan cannot be called for sure. Spouses agree among themselves and determine the amount of alimony together. If they could not agree, then the court decides. When making a decision in court, the state guarantee is also taken into account.
We can say for sure that the calculation of child support in Kazakhstan depends on how many children a person has. So, one child can receive a quarter of the income of the parent, two children can count on a third of the income. If there are three or more children, then half of the income will go to child support. These figures are enshrined in the Republican Code "On Matrimony and Family".
To make it clearer, we give an example. If a person earns one hundred twenty thousand tenge, then forty thousand will be charged for two children. Thirty thousand will be exacted for one child, and sixty thousand for three or more children.
For accrual take into account the financial situation of both the payer and the recipient. If the material status changes, then the size of the alimony can change.
For spousal support, people determine the amount of payments themselves, if this was not possible, they go to court. The court awards the amount, which is calculated on the basis of monthly indicators that are valid at the time of payment. Income and marital status must be taken into account.
If the payer is not working
Collecting alimony in Kazakhstan is also possible from the unemployed. The collection procedure does not change at all. Only the size of the payout changes. Recently, child support has been calculated based on the average salary in the country. A certain percentage is charged for payment.
The amount of recovery does not differ from that presented to working people.
Payment of alimony
Submission of alimony in Kazakhstan is possible in two ways. This is through court and arrangement between parents. With payments, things are roughly the same.
That is, people can agree and conclude an agreement, a notary will seal it.
If it does not work out, then you need to go to court, and the latter will force you to make payments. Even if the payer is not satisfied with the size of the child support or the fact of it, he will still be required to pay them.
Voluntary payment
If, nevertheless, it was possible to agree, and both parties agree on everything, then an agreement on the payment of alimony must be concluded. This agreement ensures voluntary fulfillment of obligations and allows parents to deal with payments themselves, without involving a court.
To make an agreement, you need to contact a notary. He will draw up a document and assure him. If the terms of the agreement are not respected, then it shall be declared invalid.
The agreement prescribes not only the amount and date of payment, but also additional costs, obligations of the parties and the period for which alimony must be paid.
When the payer ceases to fulfill his obligations, the second party may sue him. The basis will be the executive notary record.
Forced Payments
After a divorce in Kazakhstan, child support is paid in one of two ways. But, if no agreement was reached, the court forces the debtor to pay child support. To do this, file a lawsuit. The case will be considered in a lawsuit and an order. If considered by order, then both parties may not be involved in the proceedings. However, the plaintiff’s claims cannot be disputed. In Kazakhstan, today, this is often the case with regard to debt collection. But this method has its drawbacks. One of them is that the order in the case can be canceled if you provide a written objection to it. If this happens, the applicant will have to re-apply to the court.
Before you think about how to apply for child support in Kazakhstan, try to agree among themselves. Maybe you don’t have to do this at all.
Where to go
The Republican Civil Code allows the plaintiff to apply at the place of residence. That is, you can apply where the person lives permanently or most of the time.
You can find out where the nearest court is if you go to the website of the Supreme Republican Court. On the site you can find a list of vessels with territorial jurisdiction. This is where you should contact.
Required documents
For your application to be accepted, you must have in your hands:
- Copy of certificate of marriage or divorce.
- Copy of the birth certificate of one or more children.
- Other documents, which include certificates from the place of study, on the payment of pensions, treatment and so on.
In addition to this set, you must provide a document that confirms the identity of the plaintiff. This may be a military ID, passport, passport and more. You also need a receipt that confirms the payment of the state fee and a copy of the statement for the defendant.
Trial
After the statement of claim is submitted, it is examined by the judge for compliance with the law. The court also verifies whether it was correctly drawn up and filed. If both parties live in one area, and someone filed an application from them in the other, then such a case will not be considered.
When there are not enough documents for child support in Kazakhstan, or there are flaws in filling out the application, it is returned for revision. As soon as all documents are corrected, the judge begins to consider the case.
First, the parties are called to testify, if there are witnesses, then they are also heard. As a result, the court may:
- Fully satisfy the lawsuit.
- Partially satisfy the lawsuit.
- Deny the claim.
After the judgment
If you are not satisfied with a decision, for example, the percentage of alimony, in Kazakhstan you can appeal the decision. If a complaint is filed, then the case is already being considered by a higher court. As a result of the review, the court decides: to change or keep the result of the previous judge.
If the court decision has not changed, then you need to pick up the writ of execution in court. He is transferred to the bailiff so that he begins to collect child support.
How to hold accountable for non-payment
In Russia and Kazakhstan, not all pay child support. In this sense, everything depends on the people, and not on the country. But nevertheless, many are interested in the question of how to bring malicious deadbeat to account.
There are several options. When the debtor forgot about his obligations for three months, you can do the following:
- Write a statement in which you ask to issue you a decree that the person is in debt and his debt is determined. All this must be done by a bailiff.
- Get this order.
- Next, you need to apply for administrative proceedings. The basis for this will be the failure to enforce court decisions.
The next step depends on how big the debt is.
You can file a request for a temporary restriction in the debtor's departure outside the republic.
A good option would be to apply for the suspension of all rights and various licenses that the debtor has. This also includes a driver’s license. This requirement will be met if the amount of the debt exceeds two hundred and fifty monthly calculation indices.
It is also possible to collect property from the debtor against a debt. This applies to cars, country houses, apartments and more. In order to do this, the defaulter must owe at least seven hundred thousand tenge.
International collection
Kazakhstan is a member of the Hague Conference on International Law. He has ratified the Convention on the International Procedure for the Collection of Alimony, not only for children, but also for other family members. This suggests that the collection of alimony is possible in an international format. That is, you can not only attract a deadbeat from another country, but also recover child support from parents who live abroad.
Conclusion
We discussed how to recover child support from a spouse or relative. And so that you do not forget this information, once again we repeat the main points.
So, alimony in Kazakhstan is paid not only for children, but also for spouses, parents or disabled children.
For minors and disabled children, payments must be received up to eighteen years. Spouses and parents are paid a non-fixed term. The fact is that depending on the financial situation of the latter or improvement in health, payments can be canceled.
It must be remembered that debtors are punished very harshly. In this country, family values are preached, which means that the failure to pay child support will not be let go. For this reason, it is better to agree among themselves than to bring the matter to court. After all, as you already understood, the punishment will be very severe. And the consequences of non-payment, such as the imposition of a ban on leaving or driving a vehicle, are also not pleasant.
As for the parents, then everything is pretty strict. If a person cannot work, then according to the legislation of the country he must provide a child of working age. Of course, there are different situations, and parents who forgot about their children, and then appeared and demanded maintenance, also happen, but this is more likely a rarity than a rule. Therefore, treat your parents appropriately so that they do not have to beg for help through the courts.
Some men refuse to keep pregnant women or mothers on maternity leave. This is fundamentally wrong, because during this period a woman cannot provide for herself. She takes care of the child, which means that she can only rely on a man. It is strange that the stronger sex does not understand this. Some people in every possible way avoid paying child support, not thinking that this money helps the child survive.
In general, do not bring the matter to court. Try to solve problems on your own. Talk more often and, perhaps, you will understand that not only about child support are wrong, but also about divorce. After all, you have a child, and maybe not just one, so why spoil his life. After all, a little man suffers from your quarrels and abuse, and he loves both mom and dad. Have pity on the child, if you cannot live with his father or mother, then this is not a reason to leave the child to the mercy of fate. Remember that your money goes to your own baby, and not to an outsider. The fact that you do not pay child support, you infringe on your child. Perhaps with age you will need help, but not the fact that you will be provided with it.