A man on parental leave in Aktobe has won a court-ordered recalculation of his child support arrears after a specialized interdistrict administrative court ruled that a private bailiff's refusal was unlawful, infohub.kz reports.
According to the official Telegram channel of the courts of Aktobe Region, the plaintiff challenged the refusal to recalculate his child support debt. He said that since February 2024 he had been on parental leave, but his employment relationship with his employer had not been terminated, his job had been retained, and child support had been paid out of the benefit he received.
When determining the arrears, the bailiff calculated it on the basis of the average monthly wage in the Republic of Kazakhstan, concluding that there was no information about the debtor's income. A later request for recalculation was refused.
After reviewing the case materials, the court concluded that this approach did not comply with the requirements of the law. The court explained that calculating arrears on the basis of the average wage applies only when the debtor is genuinely not working and has no earnings. In this case, the plaintiff was not unemployed, since he was on parental leave with his job retained.
The court stressed that parental leave does not release a parent from the obligation to support their child and pay child support. However, such leave in itself is not grounds for calculating arrears on the basis of the country's average wage.
Given these circumstances, the court ruled the refusal to recalculate the arrears unlawful, annulled the relevant order and obliged the private bailiff to make a new calculation of the arrears based on the debtor's average monthly wage before he went on parental leave. The ruling has entered into legal force.