Alimony in Kazakhstan: cаlculation of the size and procedure for collecting alimony
Depending on various life situations it may be necessary to pay or reclaim alimony. In this article you will learn what is alimony, who can and should pay child support, order of alimony reclamation, amount of support provided by the law and what to do if child support are not paid.
Alimony - is a monetary or material support, which one person is required to give another person entitled to receive it, according to the Code "On Marriage (matrimony) and family". The most common case of alimony - child support, alimony but may be paid to mothers and children, and spouses who cannot support themselves on their own, and to parents.
Child support – is enshrined in the law duty of parents, and it does not matter whether the parents are in marriage, civil marriage or are divorced. Children who are under guardianship or patronage, as well as adopted children are also entitled to alimony. According to the article 6 of the Code amounts owed to child maintenance, accrue to the parents or other legal representatives of the child and are spent for living expenses, education and upbringing of the child.
Who is entitled to alimony?
Alimony to under aged children
Parents must support their minor children, procedure and form of such support is determined by the parents themselves. Parents have the right to conclude an agreement on the support of their minor children (alimony agreement) in accordance with chapter 20 of the Code. If parents do not support their children, it was not stated in the court agreement or one of the parents didn’t claim for alimony, then the claim may be filed by a guardianship authority. Upon divorce, the court considers the agreement about:
- who minor children will live with;
- order of alimony payment for children support or incapable spouse;
- alimony amount for children support;
- property division (learn about the rights of spouses upon divorcement).
If there is no agreement between spouses or it contradicts to the interests of children, one of the spouses, the decision on these matters is determined by the court. Parents deprived of parental rights, must also pay child support in accordance with the article 79 of the Code. Alimony payments on the basis of agreement - is a voluntary way of alimony payment, and by court order, on the basis of submitted claim - forced way (below you will find information on how to impose alimony).
Besides alimony parents can be subject to additional payments for child support. There are exceptional circumstances - severe diseases, injury or disability of minor children who are in need of assistance, if it’s necessary to pay nursing care for them and others.
Alimony to spouses and ex-spouses
According to the article 147 of the Code spouses must financially support each other. Besides means for child support there is also a range of cases when you may be demanded to support a spouse or ex- spouse. Iа there is no agreement, following persons may file a claim to the court:
- incapable needy spouse;
- woman during pregnancy and within 3 years since child’s date of birth;
- needy spouse, who cares about common disabled child upon reaching him the age of 18 years and in case identification of I-II groups of disability when he/she is over 18 years old.
Amount of alimony and the order of payment is determined by the court. In some cases the court may refuse in payment of alimony to former spouse, if disability was caused by the abuse of alcohol, narcotic drugs, psychotropic substances or as a result of committing an intentional crime, by virtue of the short marriage (up to 5 years) if the spouse requiring payment alimony behaves unworthily.
Alimony to major but incapable children
According to the article 143 of the Code employed parents must support their incapable major children who are in need of help. In this case with no agreement amount of alimony is determined by the court based on the financial position of the family, and will be in multiples of MCI. If there is no agreement and understanding between parent the order and amount of payment is determined by the court taking into consideration financial position of both parents and other conditions. Therewith alimony may be claimed as for actual needs so for future which may be necessary in future.
Alimony of major children to support incapable parents
Capable major children have to support their incapable parents who are in need of assistance and care for them. If children do not support incapable parents voluntarily by agreement, parents can apply to the court for reclamation of alimony. Thus it is possible to claim as for one so for all children, but it should be noted that parents who did not fulfill their obligations are unlikely to receive an affirmative decision of the court, and cannot pretend for such alimony parents deprived of parental rights.
Except as stated above cases, there are alimony obligations between grandchildren and grandmothers/grandfathers, students and educators, and other family members.
In what amount alimony must be paid?
What type of salary can be subject to alimony?
How to make in agreement on alimony payment?
How to impose alimony in the court?
Last update: 14.05.2021