After divorce, children usually live with their mother, and in most cases Kyrgyzstan women solve their problems themselves. According to lawyers, the problem needs to be addressed comprehensively and in all directions.
More divorces
In May 2023, Nargiza (not her real name) officially divorced from her spouse after seven years of marriage. In fact, she has been raising her three little children alone for more than a year.
“In February 2022, I learned that my husband had an affair,” the woman said. “Since then, my life has changed 100 per cent.”
Nargiza could not even think that her spouse could have an affair. Their marriage was not perfect, and there were strong quarrels and lack of money. But the woman took it as “temporary difficulties” and thought it was normal for families.
“Very often, he spent evenings with his friends, sometimes he came back only in the morning,” the woman said. “He always said he was with his friends. Only now I see that he probably was with another woman.”
The man did not have a stable income. He had mainly odd jobs. When he found a job with fixed salary, he would not stay long there.
“Because he did not want to work for 20 thousand som per month (228.83 dollars), and he would not be employed as a chief, obviously,” Nargiza said what he told her.
She could not work herself because children were little and had to be under constant supervision. Her husband refused to stay with children all day long.
After his affair was discovered, relations between the spouses changed. And not for better. The man stopped hiding his affair and spent almost all time at another woman’s place. Nargiza had to take care of children by herself. A year passed. The woman could not live this life and found a job, enrolled the children for kindergarten, and filed for a divorce and child maintenance. After a while, the court resolved that ex-husband had to pay 11 thousand som per month (125.58 dollars) for three children.
“For three children, you know? This money can hardly cover my kindergarten costs,” Nargiza said. “In fact, my children and I live on my wage, i.e. 30 thousand som (342.82 dollars). There is no one I can rely on.”
The divorce case of Nargiza in Kyrgyzstan is not the only one. According to the National Statistical Committee, 12 thousand 187 divorces were registered in the republic in 2022. This is the highest indicator since 2018.
Sociologist Samar Syrgabaev said to CABAR.asia that the society seems to change its attitude towards family, values and social institution. One of the evidences, according to him, is the statistical data of divorces registered with state statistical bodies. According to the expert, the coronavirus pandemic and related restrictions and serious economic consequences on the family budget are likely to contribute to this picture.
“The informal sector with over 70 per cent of able-bodied population of Kyrgyzstan was affected the most,” Syrgabaev said. “It could not but affect the family wellbeing and destroy families, especially young, unstable unions.”
Meanwhile, according to the sociologist, the country has lower indicators of marriage prevalence, and age limits for marriage move to a more mature age. It all suggests that the society undergoes changes in traditional living strategies under the influence of cultural modernisation and globalisation, and the institution of family undergoes objective changes and adapts to new social and economic conditions.
“Only one thing is certain – more scientific researches and actual data are needed today to be able to evaluate adequately the processes taking place in marriage and family relations and to take appropriate measures, if needed,” Syrgabaev said.
Child maintenance procedure needs to be improved
After divorce children usually live with mother, and in most cases Kyrgyzstan women are left alone with their problems. In other words, the status “divorced” does not provide for any benefits from the state. As to the payment of benefits, they are regulated by the general law “On state benefits.” The document lists the requirements for monthly payments, in particular, disability or low income. If a divorced woman meets these requirements, she or her children will get state benefits.
According to the law of the republic, a single mother is an unmarried woman who raises children, and the father’s name column on the birth certificate is blank. In other cases, if a child has both parents, they are considered to be able to maintain him/her. Moreover, the fact that father’s name is on papers is a mere formality and he is not involved in raising or financial support of children is left out.
As to child maintenance, it is arranged if mother and father cannot reach a conclusion on financial support of children after divorce. Its rate depends on the official wage of parents. According to the Family Code, the minimum child maintenance must not be less than one minimum wage (2,337 som in 2023, or 27 dollars) per child, one and a half minimum wages per two children, and two wages per three and more children.
The procedure of filing for child maintenance is not difficult. According to Aizhan Orozakunova, samples of documents to be submitted are available in every court. Kyrgyzstan women can do it on their own, without the assistance of lawyers. Moreover, if they need legal aid, our country has a law, which provides for free of charge aid.
The agency failed to say how many of them have been enforced 100 per cent.
“You can easily obtain the court decision on child maintenance,” Orozakunova said. “The only problem is enforcement.”
Lawyer Zhibek Kenzhebekova agrees with her. According to her, after the court decision is issued, the paper is submitted to the court bailiff service. One bailiff is assigned to enforce child maintenance decision, namely to find the debtor’s contacts, where he/she works, etc.
“But the problem is that one bailiff is assigned to dozens of cases,” Kenzhebekova said. “And they consider them more important than child maintenance cases. Therefore, child maintenance cases can accumulate for years, just like debts. In such cases, women literally have to run after bailiffs every day”.
Anara (not her real name) divorced from her spouse in 2014. By that time, the couple raised three minor children. Knowing that her spouse would not maintain daughter and two sons voluntarily, the woman applied for child maintenance. According to the court decision, the man had to pay 7 thousand 800 som (89.05 dollars at the current rate) every month. But Anara did not receive this money. Three years later, the woman sought legal advice in “Spravedlivost” (Justice). Thanks to lawyers, she managed to collect the full amount that accumulated in three years. Total debt exceeded 200 thousand som (2,290 dollars).
The Criminal Code of Kyrgyzstan provides for penalty to parents who avoid paying child maintenance. According to article 178, debtors should either pay 20 thousand som (228.34 dollars) to 50 thousand som (570.84 dollars) of penalty or do penal labour from two months to one year. Moreover, if the debt is large, not only in terms of child maintenance, but also taxes and penalties, the debtor may be restricted to travel abroad.
However, lawyer Aizhan Dzhumanalieva said that the child maintenance procedure should be improved and more effective measures should be taken. According to her, recovery of child maintenance is one of the most frequent reasons why Kyrgyzstan women go to court, and one penalty or restriction cannot solve the problem of departure.
“Not all citizens travel abroad all the time, some do not even leave their town or village,” she said. “Therefore, some more effective methods should be introduced.”
According to Dzhumanalieva, it could be either a temporary deprivation of driving license, or power or gas cut at home.
“Yes, these measures are radical. But I believe it would be a good working mechanism. I mean, fathers would have at least some motivation,” Aizhan said.
Total amount of child maintenance debt in Kyrgyzstan is unknown. According to the Judicial Department, such data are unavailable.
Understatement of income
In addition to child maintenance evasion, the practice of understatement of income is very widespread in Kyrgyzstan to reduce the amount of child maintenance payments. According to lawyer Zhibek Kenzhebekova, people receive low wage formally, at the subsistence level, and the remainder is understated. There is also informal employment with no labour contract, when income is not stated anywhere.
Bishkek resident Aziza (not her real name) went through the same situation. The woman got divorced in 2021.
“I was fed up with his consumer attitude,” the woman said. “In his understanding, wife is a robot, who must only give birth to children, cook food, clean the house and go nowhere.”
After official divorce, the woman waited for six months for her ex-spouse to help her maintain three children. Afterwards, she applied for child maintenance. According to the court decision, the man had to pay 12.5 thousand som per month (147.41 dollars).
“Formally, he is unemployed. In fact, he rents out the apartment of his parents and his income reaches 1,000 dollars per month,” Aziza said. “And how should I prove it if the apartment is not registered to him?”
According to the woman, her ex-husband has fear of the law and pays child maintenance regularly. However, according to her, 12.5 thousand is incomparable to his real income and her expenditure on three children.
According to lawyer Aizhan Orozakunova, to avoid such moments, there should be a well organised interaction between bailiffs and state and municipal bodies.
“In other words, the bailiff must cooperate with household supervisors or other responsible persons in the area, where the child maintenance payer lives,” the expert said. “It should be checked if he is really poor and has no money. There are cases when the person states his wage as 20 thousand som, and buys an expensive car one month after the divorce.”
Besides, according to Orozakunova, cooperation with organisations, where the person works, should be established, to find out his real income. This cooperation must be mandatory.
“If the organisation refuses to cooperate with bailiffs, it must be fined or some other penalty should be imposed,” the lawyer said. “I believe, this way child alimony order enforcement would be more effective and the person would not be able to conceal his/her income.”
Ways to solve problems
According to experts, it is difficult to count similar stories in the country. But one thing is obvious, women left with their children alone, without assistance, child maintenance and support, are part of the society. So, this problem must be addressed in a comprehensive way and in all directions.
“I mean, the state must work: improve the system of child maintenance payment, organise formal employment of citizens, improve the level of education, culture and legal awareness,” Zhibek Kenzhebekova said. “And citizens must be responsible when creating families, giving birth to a child, etc.”
In turn, Aizhan Dzhumanalieva believes that legal awareness should be improved at school.
“We need to explain what rights and obligations citizens have,” the lawyer said. “Special attention must be paid to regions of the country. We should explain it to the people in a plain and understandable language.”
This is the only way, according to Dzhumanalieva, to build a healthy society with no problems with divorces, with no women having to enforce child maintenance in courts, with children raised in a healthy environment and not undergoing moral pressure because of quarrels and divorces of parents.