Legal basis of the issue
- 1. In case if your spouse refuses to voluntarily pay alimony for a minor child (children), you have the right to enforce their recovery.
- 1. In accordance with Art. 164 of the Code of the Republic of Kazakhstan «On Marriage and Family», an application for the recovery of maintenance for the child can be made regardless of the period that has elapsed since the right arose, if alimony was not paid earlier under the agreement on the payment of alimony. In this case, maintenance payments for the past period may be required for no more than three years if it is established that maintenance has not been received prior to that period.
What is necessary to recover alimony?
In order to recover alimony, an application must be made to the court at the place of registration.
Documents that should be attached to the statement of claim:
- Copy of the marriage certificate;
- Copy of the child’s birth certificate;
- Medical certificate about your child’s health;
- Certificate of salary of the debtor;
- Copy of the applicant’s ID document.
The term for the service provision: 3 working days.
The final result of the service: court order for the recovery of alimony.
The end result of the service: Enforcement proceedings are initiated to recover the alimony.
You must know it!
You have the right to apply to a private bailiff for recovery of maintenance. However, according to the amendments to the legislation, private bailiffs are prohibited from charging the plaintiff advance payment for the maintenance service. The recovery of alimony is included in the socially significant category of cases, and, in the case of absence of the debtor in such proceedings of income and property, at the expense of which it is possible to made recoveries, the private bailiff will be paid from the national budget.