Alimony is material support that one person is obliged to provide to another who has the right to receive it. Collection, payment and obligation on alimony in Kazakhstan is coordinated and regulated by the adopted code "On marriage (matrimony) and family". If a notarized agreement on the payment of alimony is absent or not executed, a person interested in paying it has the right to go to court.
Necessary
- - application for the recovery of alimony and its copy;
- - original and copy of the identity document;
- - paid receipt of state duty;
- - documents - marriage certificate, divorce certificate, child's birth certificate, paternity certificate. Original and copies;
- - a certificate from the child's clinic stating that he is alive (there is a special form);
- - a certificate from the place of study, if the child is 18-21 years old and he is studying at an educational institution on a full-time basis.
Instructions
Step 1
The preparation of documents for submission to the court begins with the preparation of a statement of claim. It must set out all the circumstances by virtue of which the plaintiff is entitled to receive alimony, and the defendant is obliged to pay this alimony. The application must be filled in according to the sample, it is imperative to register a list of documents that will be attached to it.
Step 2
Pay the state fee and make a copy of the receipt. The amount of the state fee and the details of the transfer can be found in the court office.
Step 3
Form a package of the following documents and their copies, certified in the prescribed manner - identity card, birth certificate of the child (children), documents confirming the paternity of the defendant and the child, address reference of the plaintiff and preferably the defendant, marriage certificate, certificate and divorce. Also prepare information, documents and other evidence of incurring expenses for the maintenance of the child, etc. to designate a firm monetary amount of alimony.
Step 4
Recently, the judges began to request a certificate from the children's clinic. The local doctor issues a certificate stating that the child is currently being observed in the clinic, is alive and well.
Step 5
On January 1, 2012, a new law came into force in Kazakhstan, which states that parents are obliged to support their children until they turn 21, if they are full-time students at that time. Therefore, if the child is over 18 years old and is studying, a certificate from the place of study will be required.
Step 6
If the plaintiff is in the position, then according to Article 147 of the Code, the defendant is obliged to financially support him. In this case, the court must provide a certificate from the antenatal clinic on the timing of pregnancy. Also, the court obliges the plaintiff to pay alimony to the mother, until their common child reaches the 3rd birthday.
Step 7
In addition to alimony, the court may oblige to pay an additional amount for the maintenance of children in exceptional cases. It can be serious illness and injury, expensive education. To apply for an additional amount, you must collect the necessary information and certificates.
Step 8
Take the prepared package of documents to the court at the place of residence of the plaintiff or defendant.
