DEADLOCK OVER ALIMONY PAYMENTS:
WHY KAZAKHSTAN CANNOT SOLVE THE PROBLEM OF ALIMONY PAYMENTS?
WHY KAZAKHSTAN CANNOT SOLVE THE PROBLEM OF ALIMONY PAYMENTS?
By: Gulnaz Mustafa
Photo: Pixabay
Photo: Pixabay
In 2019, nearly 200 thousand alimony claims were in progress, according to the department for
execution of court decrees of the ministry of justice of Kazakhstan. Out of them, nearly 14
thousand claims are deemed bad. About one third of 14 thousand do not make alimony
payments at all.
The situation in 2020 leaves much to be desired: the number of such claims has increased.
Today, 210 thousand alimony claims are in progress. The number of claims when alimony
payments are not paid for three months and more in the last six months is 13,269. This number
was stated by justice minister Marat Beketayev on July 15.
execution of court decrees of the ministry of justice of Kazakhstan. Out of them, nearly 14
thousand claims are deemed bad. About one third of 14 thousand do not make alimony
payments at all.
The situation in 2020 leaves much to be desired: the number of such claims has increased.
Today, 210 thousand alimony claims are in progress. The number of claims when alimony
payments are not paid for three months and more in the last six months is 13,269. This number
was stated by justice minister Marat Beketayev on July 15.
- 93 per cent of payers make alimony payments on time. 6.3 per cent are bad cases, when additional measures such as employment and training are being taken.
Enforcement measures are applied to non-payers: their accounts are blocked, their right to leave abroad is restricted, administrative and criminal liability is imposed.
In the six months of 2020, 908 cases were prepared and referred to the law enforcement agencies regarding alimony non-payers in order to bring them to trial.
Enforcement measures are applied to non-payers: their accounts are blocked, their right to leave abroad is restricted, administrative and criminal liability is imposed.
In the six months of 2020, 908 cases were prepared and referred to the law enforcement agencies regarding alimony non-payers in order to bring them to trial.
Marat Beketayev
Minister of Justice of Kazakhstan
"HE'D RATHER NOT PAY"
AIGUL AKHMETOVA, MOTHER OF FOUR CHILDREN
— I have lived with my husband for 27 years. We have four children, the youngest one is six years old. He forced me to wear burqa, he prohibited me from going out, using phone and watching TV. It was increasingly difficult to live with him under the same roof, and at some point I and children just fled from our home.
My spouse sold a two-room apartment where we lived all this time and left us unsheltered. Now we live in the town of Taldykorgan, some people helped me to find a job at a call centre. I also have a side job. My relatives and friends help me, too.
My spouse sold a two-room apartment where we lived all this time and left us unsheltered. Now we live in the town of Taldykorgan, some people helped me to find a job at a call centre. I also have a side job. My relatives and friends help me, too.
My husband threatened to kill me and raise children on his own. He persecuted me, beat me outside, took away my bag with documents and a wallet in it. There was some money inside the wallet for food, which my relative gave me. He demanded that I should advertise and promised to give my documents for remuneration.
I restored my documents, which took me a long time, and then I applied for alimony payments, which I have not received yet.
My ex-husband provides receipts to the judicial enforcement agent confirming that he allegedly transfers 11,000 tenge (about 30 dollars) to my bankcard. However, I haven't received this amount to my card. I provided bank statements to the judicial enforcement agent confirming that I did not receive this money to my account.
I do not know where my ex-husband takes fake receipts, and I cannot prove to the judicial enforcement agent that I do not receive such money. Now I am going to go to the prosecutor's office as fake receipts were issued by a legal entity.
My ex-husband provides receipts to the judicial enforcement agent confirming that he allegedly transfers 11,000 tenge (about 30 dollars) to my bankcard. However, I haven't received this amount to my card. I provided bank statements to the judicial enforcement agent confirming that I did not receive this money to my account.
I do not know where my ex-husband takes fake receipts, and I cannot prove to the judicial enforcement agent that I do not receive such money. Now I am going to go to the prosecutor's office as fake receipts were issued by a legal entity.
Oleg Tsoi, assistant to judicial enforcement agent:
"Regarding the alimony case of Aigul Akhmetova, I can say that a legal entity where her spouse Yerkyn Zhadrayev works issues remittance orders. I attach them to the case. Akhmetova came to me and wanted to know why she did not receive the money. Her spouse went to the bank to find out why money was not transferred to her. Everything they transferred to her account arrived."
"Regarding the alimony case of Aigul Akhmetova, I can say that a legal entity where her spouse Yerkyn Zhadrayev works issues remittance orders. I attach them to the case. Akhmetova came to me and wanted to know why she did not receive the money. Her spouse went to the bank to find out why money was not transferred to her. Everything they transferred to her account arrived."
Aiym, bank manager:
"I've checked the transaction and all possible options, checked whether there are closed accounts. But there were no receipts for Aigul Akhmetova. She opened her card in September 2019. She even went into the red."
"I've checked the transaction and all possible options, checked whether there are closed accounts. But there were no receipts for Aigul Akhmetova. She opened her card in September 2019. She even went into the red."
If spouses make an agreement on the procedure of payment and size of alimony during divorce, the payment must be according to the agreement in fact. If they did not have an agreement on alimony payment, then the court shall recover alimony payments for minor children from their parents according to article 139 of the Code on marriage and family.
Alimony payments should be paid on a monthly basis at the following rate:
The only restriction to the size of deduction from salary of the alimony payer shall be article 95 of the law "On enforcement and status of judicial enforcement agents", which reads that the debtor must retain at least 50 per cent of salary or other income.
Photo: Sputnik.kg
Alimony payments should be paid on a monthly basis at the following rate:
- For one child — one fourth (1/4) of earnings and/or another income of parents;
- For two children — one third (1/3) of earnings and/or another income of parents;
- For three children and more — one half (1/2) of earnings and/or other income of parents.
The only restriction to the size of deduction from salary of the alimony payer shall be article 95 of the law "On enforcement and status of judicial enforcement agents", which reads that the debtor must retain at least 50 per cent of salary or other income.
Photo: Sputnik.kg
"LIVING CHILDREN STAND BEHIND HARD FACTS"
— Now a social fund is being created in private judicial enforcement. Judicial enforcement agents will make deductions to it and those who need to receive money from debtors will be paid out of this fund. Then, non-payers of alimony will pay back this money. This would be a minimum help.
I cannot say that these funds will help many in need. I know that the debt was two billion tenge (4.78 million dollars) three years ago. No agency can manage this debt. We have tried to deal with this issue, I've made a request and my colleagues supported me. I suggested creating the state alimony fund and in case the state pays money for more than three months, this amount will be recovered from the debtor properly.
We have suggested this option, as well as considering the matter of involving a debtor to community service. We have had an idea to give the authorities, particularly, the ministry of interior affairs, the right to employ compulsorily as men often say they don't have a job and they have nothing to pay.
This option will make men more responsible for their actions. I am personally convinced that not only child should receive alimony payments until he or she reaches the age of 16, but also mother.
I cannot say that these funds will help many in need. I know that the debt was two billion tenge (4.78 million dollars) three years ago. No agency can manage this debt. We have tried to deal with this issue, I've made a request and my colleagues supported me. I suggested creating the state alimony fund and in case the state pays money for more than three months, this amount will be recovered from the debtor properly.
We have suggested this option, as well as considering the matter of involving a debtor to community service. We have had an idea to give the authorities, particularly, the ministry of interior affairs, the right to employ compulsorily as men often say they don't have a job and they have nothing to pay.
This option will make men more responsible for their actions. I am personally convinced that not only child should receive alimony payments until he or she reaches the age of 16, but also mother.
Magerram Magerramov
A member of the Committee for legislation and judicial and legal reform of the Mazhilis of the
parliament of Kazakhstan
The photo was taken from Facebook account
parliament of Kazakhstan
The photo was taken from Facebook account
While he lives well somewhere, she and the child visit hospitals, attend school, recreate. She takes care of the child on her own. He should pay for her taking care of his child, let it be 50/50.
This is their common child and the current attitude is unfair.
This is their common child and the current attitude is unfair.
See also: Divorce and Alimony: What Do Women in Kyrgyzstan Struggle for in Courts?
None of our suggestions has been approved. There were two other issues.
For example, I think percentage should be removed. 25 per cent and not more than 50 per cent is a bad principle because alimony payers understate their salary.
The world experience is as follows: let's say, you must pay out 200 thousand tenge (478 dollars) during the year by monthly instalments. Thus, you have to pay, say, 15,000 tenge (36 dollars) every month. This is a suggestion.
None of our suggestions has been approved. There were two other issues.
For example, I think percentage should be removed. 25 per cent and not more than 50 per cent is a bad principle because alimony payers understate their salary.
The world experience is as follows: let's say, you must pay out 200 thousand tenge (478 dollars) during the year by monthly instalments. Thus, you have to pay, say, 15,000 tenge (36 dollars) every month. This is a suggestion.
We should remove the percentage component and leave a certain norm. A man, say, paid five thousand tenge (12 dollars), and then he may choose not to pay for two months. He will not be deemed a malicious non-payer. We should remove this trick.
Because when we voice the figures, we should understand that living children stand behind hard facts. These children want to eat, get dressed and self-develop. Other children have everything, while they do not.
Therefore, punishment for careless fathers should be tightened. This is about a child, not about the relations between ex-spouses. Alimony payments are paid not to a woman, but to a child. Another question is that they do not love each other, are at quarrel – this is their problem, their life. Children should not suffer because of the stupidity of their father and mother.
I do not understand men who abandon their children and do not help them. A woman may be guilty a million times, she can have weaknesses and make mistakes, but how can a man eat, rest and sleep peacefully without thinking whether his child is full?
The state has its own mechanisms of recovery. It can recover anything. In general, if article 430 of the Criminal Code ("Non-execution of a court verdict, court decision or other court decree or an enforcement document"), which involves imprisonment, is taken into account, just imagine how we will increase the number of prisoners. They will be malicious non-payers.
The authorities must have the right to employ compulsorily. Then [non-payers] will find jobs and I can tell you they will find money to pay once they get imprisoned. They will behave courageously only when they are not involved. Once they are imprisoned, they'll understand no one would be too soft to them. So, they will come to senses quickly.
We are planning to get back to this issue. We had some agreements for 2019, but the country faced the pandemic. If everything gets well, we'll take care of non-payers of alimony.
This problem becomes increasingly huge as a snowball. Live children, live people stand behind hard facts. Mothers have to ask, beg for money from children's fathers. This is wrong, so I raise this alimony issue every time. As long as I am a deputy, I want to do something useful.
Therefore, punishment for careless fathers should be tightened. This is about a child, not about the relations between ex-spouses. Alimony payments are paid not to a woman, but to a child. Another question is that they do not love each other, are at quarrel – this is their problem, their life. Children should not suffer because of the stupidity of their father and mother.
I do not understand men who abandon their children and do not help them. A woman may be guilty a million times, she can have weaknesses and make mistakes, but how can a man eat, rest and sleep peacefully without thinking whether his child is full?
The state has its own mechanisms of recovery. It can recover anything. In general, if article 430 of the Criminal Code ("Non-execution of a court verdict, court decision or other court decree or an enforcement document"), which involves imprisonment, is taken into account, just imagine how we will increase the number of prisoners. They will be malicious non-payers.
The authorities must have the right to employ compulsorily. Then [non-payers] will find jobs and I can tell you they will find money to pay once they get imprisoned. They will behave courageously only when they are not involved. Once they are imprisoned, they'll understand no one would be too soft to them. So, they will come to senses quickly.
We are planning to get back to this issue. We had some agreements for 2019, but the country faced the pandemic. If everything gets well, we'll take care of non-payers of alimony.
This problem becomes increasingly huge as a snowball. Live children, live people stand behind hard facts. Mothers have to ask, beg for money from children's fathers. This is wrong, so I raise this alimony issue every time. As long as I am a deputy, I want to do something useful.
Why men do not want
to pay alimony?
to pay alimony?
— There are a few reasons. The most widespread one is the unconditional desire of a man to take revenge upon ex-wife.
Most often, women initiate divorce in our country. The man says, "If it's your decision, then you can raise a child by yourself. Go for it, and you won't get a penny from me."
Very often, this category includes not men who do not have money, but men who won't have a problem with paying out the alimony. These are well-to-do people – sportsmen, pubic figures, politicians, artists and businessmen. They want to keep a woman in subjection. Thus, a man is trying to prove his substantiality.
Very often a man with real property registers it to some front party. A woman lives with children there, while a man regularly threatens to dishouse her. This is a real story. It happens often. It's all about the desire and intention to win a woman and to prove she's inadequate.
Most often, women initiate divorce in our country. The man says, "If it's your decision, then you can raise a child by yourself. Go for it, and you won't get a penny from me."
Very often, this category includes not men who do not have money, but men who won't have a problem with paying out the alimony. These are well-to-do people – sportsmen, pubic figures, politicians, artists and businessmen. They want to keep a woman in subjection. Thus, a man is trying to prove his substantiality.
Very often a man with real property registers it to some front party. A woman lives with children there, while a man regularly threatens to dishouse her. This is a real story. It happens often. It's all about the desire and intention to win a woman and to prove she's inadequate.
Larisa Pak
Psychologist
Courtesy photo
Courtesy photo
This is definitely a child's position: to get revenge, to make vulnerable, to make dependable, to show and prove that a woman cannot cope without him. Very often, the motive behind this situation is not to cause pain to children.
The second reason when a man does not pay alimony is when a woman does not give a chance to a man to show his fatherly qualities. In other words, once a child is born, the woman protects the man in every possible way and does not let him develop his so-called fatherly instinct.
Often, such men do not want to pay money for the child. Only when the father sees that the child is fine, well-cared-for and also looks like him, he begins to pay attention to the child.
Similar situations take place because of protest. The woman starts manipulating the husband and blackmailing him with his child, "I won't give him or her to you, you won't even see him or her!" Then the man demonstrates his protest, does not help, maintain and strongly refuses to do anything. It happens often. Because of the insult, husband associates the child with his wife and
stops interacting with them.
There's also an ordinary struggle for survival. The woman files for divorce when she is more or less socially sustainable, while the man can be weaker now, in other words, he can have low income. When the man sees that she is socially significant and has considerable income, he thinks she can cope by herself.
Another reason is that a man who does not pay alimony considers himself insulted. Speaking of psychological factors, for the most part, these are disliked people who cannot become responsible for themselves, for their actions, and, moreover, they cannot be responsible for their children.
Many men do not pay alimony just because of revenge. It is true no matter how disgusting it may sound. Often I heard from the man: "I abandon children. She will cope." Then I ask: "How is it? These are your children, too." And he says there will be a man who will love her and her children. The level of adulthood in him leaves much to be desired.
Often, such men do not want to pay money for the child. Only when the father sees that the child is fine, well-cared-for and also looks like him, he begins to pay attention to the child.
Similar situations take place because of protest. The woman starts manipulating the husband and blackmailing him with his child, "I won't give him or her to you, you won't even see him or her!" Then the man demonstrates his protest, does not help, maintain and strongly refuses to do anything. It happens often. Because of the insult, husband associates the child with his wife and
stops interacting with them.
There's also an ordinary struggle for survival. The woman files for divorce when she is more or less socially sustainable, while the man can be weaker now, in other words, he can have low income. When the man sees that she is socially significant and has considerable income, he thinks she can cope by herself.
Another reason is that a man who does not pay alimony considers himself insulted. Speaking of psychological factors, for the most part, these are disliked people who cannot become responsible for themselves, for their actions, and, moreover, they cannot be responsible for their children.
Many men do not pay alimony just because of revenge. It is true no matter how disgusting it may sound. Often I heard from the man: "I abandon children. She will cope." Then I ask: "How is it? These are your children, too." And he says there will be a man who will love her and her children. The level of adulthood in him leaves much to be desired.
Many men do not pay alimony just because of revenge. It is true no matter how disgusting it may sound. Often I heard from the man: "I abandon children. She will cope." Then I ask: "How is it? These are your children, too." And he says there will be a man who will love her and her children. The level of adulthood in him leaves much to be desired.
Of course, the parting of parents has an impact on children. But the divorce between parents is not a destruction of the family. The family can exist in such circumstances. Both mother and father can communicate with each other well and interact with the child and will still be his good parents.
It's very important for both to understand the level of responsibility. Many things depend on women here because they take on everything, while men are neither responsible for themselves, nor for life of their children. Obviously, this type of men means adolescent.
It's very important for both to understand the level of responsibility. Many things depend on women here because they take on everything, while men are neither responsible for themselves, nor for life of their children. Obviously, this type of men means adolescent.
Meanwhile in Kazakhstan the way of recovery of alimony payments has changed.
Now private judicial enforcement agents may not delay time of taking enforcement measures. Alimony payments will be recovered as a matter of priority.
On June 27, 2020, the president of Kazakhstan endorsed amendments, which assign the priority of enforcement by private judicial enforcement agents of alimony payments, salary, pensions, compensation for harm caused to life and health of citizens.
According to the Ministry of Justice, earlier there were cases when some private judicial enforcement agents delayed times and thought such cases were less attractive.
On June 27, 2020, the president of Kazakhstan endorsed amendments, which assign the priority of enforcement by private judicial enforcement agents of alimony payments, salary, pensions, compensation for harm caused to life and health of citizens.
According to the Ministry of Justice, earlier there were cases when some private judicial enforcement agents delayed times and thought such cases were less attractive.
The failure to accept enforcement on such proceedings within one month may lead to termination of the licence entitling the holder to act as private judicial enforcement agent. Moreover, the order of the state labour payment inspector on salary payment has been classified as an executive document.
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