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:
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?
If while divorcement between spouses an agreement on the procedure and the amount of child support payments was made, then the payment must comply with the agreement. If agreement on the payment of alimony was not made, in accordance with the article 139 of the Code alimony for minors are imposed by the court from their parents.
Alimony should be paid monthly at in size of:
- for one child – one quarter (1/4) from salary and/or other income of parents;
- for two children – one- third (1/3) from salary and/or other income of parents;
- for three and more children – half (1/2) of salary and/or other income of parents.
In some cases, the size of these shares may be reduced or increased by the court, taking into account the material or marital status of the parties and other relevant circumstances like the other kids and others.
The only limitation of deduction from the salary of alimony payer is the article 95 of the Law "On enforcement proceedings and the status of bailiffs" under which the debtor should keep at least 50% of the salary or other income.
What type of salary can be subject to alimony?
There is an approved List of types of salary and/or other income which is subject to alimony imposition for minorchildren and which indicates that supporting of all children is made from all types of salary and other income of parents. In this absolutely does not matter in what currency - national or foreign. Thus, alimony are held:
- from the wage accrued to employees for actually worked time or for the work performed, proceeding from the established official salaries (rates) stipulated by the wage system;
- from all types of surcharges and allowances provided for by the wage system, as well as from allowances derived from savings in the wage fund, or funds provided for the maintenance of the relevant institution;
- from bonuses (monetary remuneration) provided for by the wage system;
- from all compensation payments, with the exception of payments: stipulated by paragraph 7 of Article 98 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and Status of Bailiffs";
- from the wage that is saved during the leave, as well as from monetary compensation for unused leave, in case of joining leaves for several years;
- from commission (insurance agents, brokers);
- from income received for works performed, services provided under contracts concluded in accordance with civil legislation and not having a one-time nature;
- from payment of author's remuneration;
- from all types of pension payments, from state social benefits, with the exception of the benefits provided for by Article 98 of the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the Status of Bailiffs", from the amounts of targeted social assistance;
- from scholarships paid to students in educational organizations;
- from income from entrepreneurial activity without the formation of a legal entity;
- from income from leasing of property;
- from income from securities and other income from participation in the management of the property of a legal entity;
- envisaged by subparagraph 1) of Article 13 of the Law of the Republic of Kazakhstan "On Social Protection of Citizens Affected by Nuclear Tests at the Semipalatinsk Nuclear Test Site" and subparagraph 2) of paragraph 1 of Article 13 of the Law of the Republic of Kazakhstan "On Social Protection of Citizens Affected by Environmental Disasters in the Aral Sea Region".
At the same time alimony from military, law enforcement and special government bodies employees made from the following types of payments received by them in connection with the performance of duties:
- from official salaries, salaries for military, special ranks, surcharges for special ranks or class ranks and allowances for special conditions of service, established by the legislation of the Republic of Kazakhstan;
- envisaged by subparagraph 1) of Article 13 of the Law of the Republic of Kazakhstan "On Social Protection of Citizens Affected by Nuclear Tests at the Semipalatinsk Nuclear Test Site" and subparagraph 2) of paragraph 1 of Article 13 of the Law of the Republic of Kazakhstan "On Social Protection of Citizens Affected by Environmental Disasters in the Aral Sea Region".
- from bonuses (monetary remuneration), which are permanent and non-recurrent, provided for by the system of labor remuneration and received by saving the funds provided for the maintenance of the relevant body;
- from the sums of surcharges and allowances received due to savings of funds provided for the maintenance of the relevant body;
- from all types of compensation payments, except for:
- one-time compensation paid in the event of a personal injury;
- compensation payments for work in harmful or extreme conditions;
- the amount of money paid to the victims of environmental impact during the liquidation of the consequences of natural and man-made emergency situations;
- target compensation for hiring (renting) a home;
- monetary compensation paid to recipients in return for the right to free-of-charge privatization of a service dwelling that is not subject to privatization, including because of its location in closed and isolated military towns, border outposts and commandant's offices;
- the amount of money paid to reimburse the cost of treatment within the guaranteed amount of free medical care;
- the amount of money paid in compensation for expenses for travel on transport on the territory of the Republic of Kazakhstan while moving in service, discharge from military service, while going to inpatient treatment and back, as well as transporting up to ten tons of their own property for relocation and dismissal from military service;
- the amount of money paid to reimburse the cost of postage;
- the amount of money paid to reimburse of training costs;
- lifting allowances in case of service movement related to moving from one settlement to another; сompensation payments to employees on business trips;
- monetary compensation paid for utilities;
- compensation payments related to reimbursement to servicemen, law enforcement officers and special state bodies of costs incurred by them in connection with the performance of their official duties.
- from the official salaries (scholarships) of cadets (students) of military educational institutions and special educational institutions.
The law does not establish the amount of the minimum or maximum amount of income from which alimony is to be withheld since alimony is withheld from almost any amount of income officially confirmed.
How to make in agreement on alimony payment?
According to the article 157 of the Code agreement on alimony payment (size, condition and procedure for payment of alimony) is made between the person obligated to pay alimony and their recipient, and in case of incapacity of the person who is obliged to pay alimony and/or child support recipient - between their legal representatives. Agreement shall be in written form and be certified in notary.
If the material or marital status have been changed it is necessary to apply to the court for modification or termination of this agreement on the payment of alimony. The amount of alimony in this case is stipulated in the agreement, but it cannot be lower than the amount of support would be appointed by the court.
How to impose alimony in the court?
If an agreement could not be made, or one of the parties refuses to pay alimony, you can apply to court and force to impose alimony. To do this, you should apply to the court at the place of residence with a claim, obligatory at the place of residence registration of the spouse-defendant.
Alimony imposition - is the process of enforcing imposition of alimony from the person for whatever reasons that elude their voluntary payment. Apply to the court for alimony can be regardless of the period that has elapsed since the occurrence of the right to alimony, child support if not paid earlier by agreement of alimony payment. Therewith alimony are imposed since applying to the court, and in the intervening period may be required for no more than 3 previous years, if it is found that up to this time the money for support was not transferred.
To apply to the court for alimony the following documents are required:
- A claim for alimony and its copy to the defendant.
- A copy and original of identity document.
- Documents confirming the circumstances on which the claim, copies of these documents for defendants and third parties are based, if they do not have: a marriage certificate, divorce certificate, birth certificate, certificate of paternity, etc., depending on the particular situation.
Other documents may be required, depending on the specific circumstances before contacting the court, you can contact and clarify the list of documents for your situation.
According to article 616 of the Tax code, the Plaintiffs are exempted from paying the state fee for claims for alimony in the courts.
According to the Article 140 of the Code of Civil Procedure, unless stated claim for alimony for minors is not related to the establishment of paternity or the need to involve a third party, then the court order will be submitted. Court order will indicate the date and place of birth of the debtor, his place of work, name and date of birth of each child, on whose support alimony are imposed. Judge signs the court order, then it is sent for execution to the Department for the execution of judicial acts.
Subsequently, withholding from alimony wages is administered by the accountant of the organization (usually). The reason for withholding and transfer of alimony from wages may be: a notarized agreement, court order or writ of execution.
A bailiff can and should exercise systematic control over the correctness and timeliness of alimony withholding. At least once a quarter and at the application of a recoverer at any time.
According to the article 75 of the Code, if parents refuse to execute parental duties including payment of alimony they are deprived of parental rights.
