Strategies for Obtaining Alimony, Insights from a Legal Professional
Collecting Child Support from a Deadbeat Ex: Here's some advice, straight from former Baykonur prosecutor Nurzhan Rakhatov, as reported by Total.kz, on the torturous process of collecting child support when your former spouse refuses to pay up.
According to Rakhatov, alimony-related complaints take up half of the prosecutor's office's caseload.
"Women, struggling to raise their kids alone, have to battle not just the loaded diapers, but the hassle of tracking down deadbeat dads for their support. Here's a quick lowdown on handling this mess! First off, file an application with the court," - writes Rakhatov on his Facebook page.
Court templates can be found online, and you'll want to attach copies of your ID, marriage certificate, divorce certificate, and your child's birth certificate. The court may request additional documents, but fortunately, no state duty is required according to Article 616 of the Tax Code of the RK. Once the judicial order is issued, the court will determine the amount and payment schedule of alimony.
"If your ex-spouse is an unrepentant skiver, you should contact the bailiffs. Ideally, the debt should be paid under the bailiffs' pressuring hand or through the debtor's seized assets. However, it's a common slippery slope from here on out," - explains Rakhatov.
Usually, the deadbeat dad has nothing to show for themselves or their assets are hidden under other names. If your spouse has no official income, they should register as unemployed. The local executive body will then provide them with a job, and the debt will be deducted from their salary. But what happens when they don't register or refuse the job? You can file a complaint with the bailiff to initiate administrative proceedings under Article 669 of the Code of Administrative Offenses of the RK (non-compliance with a court decision or enforcement document). Be prepared for fines, arrests, and travel bans abroad, or even the revocation of their driver's license.
To kick off the process, you first need to obtain a bailiff's decision on the determination of the alimony debt, where the amount of debt and the payment term are clearly stated. The bailiff can also restrict travel abroad or apply to the court to revoke the debtor's driver's license, that is, if they have one. Don't forget the usual tactics like seizure of accounts and property.
Rakhatov also emphasized the importance of writing formal appeals instead of verbally confronting the parties involved. If neither the bailiff nor the court takes action on your appeals, you can appeal to the prosecutor's office. In extreme cases where your ex stubbornly avoids payment, they might face criminal charges under Article 139 of the Criminal Code of the RK. However, that's a rare scenario.
Lastly, Rakhatov offered a final word of encouragement to the sneaky souls trying to dodge their parental duties: "It's shameful and disgraceful!"
In summary, Rakhatov advises filing appeals in writing or through eGov. If your appeals are ignored, go to the prosecutor's office. In the worst-case scenario, persistent negligence may lead to criminal charges, though these cases are rare. Good luck, brave warriors in the endless alimony battle!
- Women who are burdened with the task of raising children alone have to deal not only with loaded diapers, but also the challenge of collecting alimony from deadbeat dads.
- If the alimony payments are consistently not made, it is advisable to contact the bailiffs to collect the debt through their pressuring hand or by seizing the debtor's assets.
- In the event that the deadbeat dad does not register as unemployed or refuses the job provided by the local executive body, a complaint can be filed with the bailiff to initiate administrative proceedings.
- To effectively tackle the financial burden of child support, it is important to register the alimony debt with the court, obtain a bailiff's decision, and consider utilizing tactics such as seizure of accounts and property.
