A private bailiff in Aktobe illegally considered a man on parental leave unemployed and inflated his child support payments. The father achieved justice only through court. This was reported by Qazaqyia.kz citing Kursiv Media.
Case background
In the lawsuit, the plaintiff stated that since February 2024 he has been on parental leave. Despite this, his employment relationship with the employer has not been terminated, his job has been retained, and child support for another child was paid from the benefit.
However, when determining the debt, the bailiff calculated it based on the average monthly salary in Kazakhstan, assuming that there was no information about the debtor's income. Moreover, the father on parental leave was refused a recalculation of child support.
Court decision
Having studied the case materials, the court concluded that such an approach does not comply with legal requirements. It explained that calculating debt based on the average salary is applied only when the debtor is truly not working and has no earnings. However, in this case, the plaintiff was not unemployed because he was on parental leave with his job retained.
Given these circumstances, the court recognized the refusal to recalculate the debt as illegal, annulled the corresponding resolution, and obligated the private bailiff to make a new calculation of the payment based on the debtor's average monthly salary before he went on parental leave.
Future changes
Recall that from January 1, 2027, men will no longer be able to receive childcare benefits for children up to one and a half years old. However, according to the Minister of Labor and Social Protection of the Population Askarbeck Yertayev, a man can take parental leave and care for the child himself, but without receiving social benefits.
Earlier, Kursiv wrote that the government of Kazakhstan wants to partially replace support for women in the first two years after childbirth with places in nurseries and nanny services.