Abdumasarova S.T

3nd year student

of the Faculty of International Relations

Al-Farabi Kazakh National University

Scientific adviser- Tusupova A.J.

Associate Professor of the Chair of International Law of Al-Farabi Kazakh National University

Alimony obligations between former spouses and other family members

Maintenance obligations have a deep history and they are known from antiquity. In ancient Greece and ancient Rome, there was only the father's responsibility for their own child. Then installed the duty of children have parents in old age or in the event of failure to perform any act or illness. In Rome, as one of the centers of the civil law, a gradual decrease in the absolute power of the father of the family members led to legislative codification of the mandatory content of some other relatives according to legal marriage or consanguinity and illegitimate children - a mother and her parents.

Parents are required to maintain their minor children in the event of deviation from the performance of their duties, alimony recovered from them in court.

The subject of legal relations are that may arise between the various family members (parents, children, brothers, sisters, grandparents, caregivers and actual etc.)

Alimony relationships occur not only between parents and children, but also between other family members. According to Article 1 of the Code of the Republic of Kazakhstan on marriage (matrimony) and family of claim 8- a person under eighteen years of age (age) [1]. Therefore, the duty of parents to maintain their minor children is unconditional, even if they are financially secure, for example, are dependent on grandparents, do work and have sufficient earnings.

If the parents are divorced themselves contain their children or in case of divorce or together did not reach agreement on the amount and manner of such content, in this case, they may be recovered by a court alimony in favor of minors. According gl.20 st.149 of the Code of the Republic of Kazakhstan on marriage (matrimony) and family the size of the RK court alimony exacted from parents for the benefit of minor children for one child is one-quarter to one-third of children with two, three or more children, half of the earnings or other income of the parents. Size statutory share can be increased or decreased by the court taking into account the family or financial position of the parties or other relevant circumstances. Alimony paid until the children reach the age of eighteen. Further, if the children are disabled and in need of child support, the parents are obliged to maintain them. If parents do not voluntarily pay child support, the court makes them forcibly. In this case, the amount of support is determined by the court as a fixed sum and depends on the financial and marital status of parents and children.

According to the Constitution of the Republic of Kazakhstan and family law, not only the parents are obliged to support children and pay child support, but adult children, too, are required to pay and keep their disabled, needy parents, grandparents, siblings, etc [2].

It was mentioned above the actual caregivers. Matveev P.A argues actual teachers as persons involved in the upbringing and maintenance of minors without assigning their guardian. Obligation to pay alimony to their actual teachers assigned to their former pupils regardless of whether they have the means to pay alimony. This is due to the fact that between the actual teachers and pupils usually awkward relationship, similar to those that exist between parents and children: the actual students become members of the family of the actual teachers and provide them with the latest content, regardless of whether they have the necessary funds. Therefore, students are required to provide the actual content of the persons financially support them as a child, regardless of the level of its security.

As the actual educators can act as a foreign child of the person or distant relatives are not required by law to provide it with content, and family members are obliged to support the child, - grandparents, brothers and sisters. If grandparents, brothers or sisters involved in the upbringing and maintenance of children, they have the right to sue for alimony to their content as actual caregivers, as in this case their right to alimony will not depend on whether the students the necessary funds. [3]

Summing up, maintenance obligations in our time becomes the most important issue. In turn, it is associated with cash payments to children after a divorce spouses. These relationships arise between parents and children, and other family members. Family break up, husbands refuse to pay maintenance.

Thus, financial, or child support - not a mercy from the parent. It is his duty. And if a parent is faulty executes the duty of the other parent shall be recovered from him alimony should not feel remorse: he acts in the interests of the child and exercises his right to receive material content

List of resources used:

1. Code of the Republic of Kazakhstan on marriage (matrimony) and family on December 26. 2011 // Almaty: Lawyer, 2012

2. Ospanov K.I.Osnovy law. Textbook. "Zhety zhargy" .Almaty.2010g.

3. Matveev PA Maintenance obligations of spouses and other family members

Resume

In this paper, by analyzing the relevant regulations, discussed a number of topical issues concerning the protection of the rights of children and other family members in Kazakhstan and concluded that the effectiveness of the protection of the rights of children and parents, and other family members depends on a set of measures that can be solved at the state level.