In the divorce case, the issue of alimony is important because the issue of alimony affects the divorce process and the post-divorce process of the spouses. In this article, “What are the types of alimony?”, “How is alimony requested?”, “How is alimony determined in divorce?” and “What happens if alimony is not paid?” questions will be addressed. We will try to answer your questions about alimony in divorce case in Turkey.
What is Alimony?
Alimony is the amount that the parties and children, if any, must pay to the other party during and after the divorce and is determined by the judge.
What Are The Types Of Alimony In A Divorce Case in Turkey?
The types of alimony can be divided into provisional alimony, spousal alimony and poverty alimony according to the nature of the divorce case and the period after the divorce.
The types of child support differ depending on whether they are related to children, parties or the divorce process. Below is a more detailed description of the different types of child support in divorce.
What is Temporary Alimony?
Temporary alimony is a right granted to the parties in the Turkish Civil Code. Since the spouse and child cannot benefit from the types of alimony during the divorce case, this situation may put those in need of alimony in a difficult situation and the judge may decide on alimony as a precautionary measure until the case is concluded. According to Article 169 of the Civil Code, when a divorce case is filed, the judge takes the necessary precautionary measures during the trial. Even if you don’t request it, the court can make a provisional alimony order in favor of the children. Alimony begins on the date of filing of the petition for divorce and continues until the effective date of the divorce decision. Precautionary alimony is collected through execution in the enforcement office.
What is Affiliate Alimony?
The measure (temporary) alimony changes to alimony after the divorce decision is finalized. Affiliate alimony is a form of alimony in which the unsupervised mother or father shares the child’s expenses. The child’s expenses such as education, care, shelter, health, food, transportation, spending money are within the scope of alimony. It starts with the conclusion of the divorce case and continues until the child comes of age. This is one of the types of alimony that can be ordered on petition.
What is Poverty Alimony?
Poverty alimony is regulated in Article 175 of the Civil Code No. 4721. The party impoverished as a result of divorce, on the other hand, may request alimony indefinitely in proportion to its financial strength. When filing for divorce, you can demand alimony for yourself and alimony for your children and custody. After the divorce case is concluded, the faulty spouse pay alimony to the spouse who has no or less fault as a result of the divorce. The decision of the Court of Cassation on this matter is in Article No: 2012-386, Decision No: 2013-306 (Decision Date: 06.03.2013).
How is Alimony Determined and Claimed?
There are two types of divorce cases: uncontested divorce and contested divorce. In the determination of alimony in divorce cases, the conditions and elements of determination of alimony vary according to the type of case. Provisions regarding alimony are regulated in the Turkish Civil Code. According to the Turkish Civil Code, certain conditions must be met in order to file a alimony argument. If these conditions are met, alimony can be requested during or after the divorce case. The alimony lawsuit is filed by the person making the request in the competent court, in case the alimony conditions are met.
What are the Terms of Alimony Payment in Divorce?
The terms of alimony in divorce are usually two-way. The spouse requesting alimony must be in a position where her wealth will affect negatively due to divorce and the spouse requesting alimony must not have a serious fault in the divorce. For temporary alimony, it should be noted that it is not important whether the spouse for whom alimony is requested is defective or not.
In uncontested divorce, alimony payments are determined according to the uncontested divorce registry. Thus, the amount of alimony is freely determined by the parties.
How Is Alimony Determined in Divorce?
The amount of alimony is determined according to the situation that occurs when the social and economic reports of the parties are filed. The income statements of the parties are also taken into account.
What Happens If Alimony Is Not Paid?
If the alimony debt is not paid despite the court decision and the enforcement proceedings initiated against him, the debtor may be sentenced to imprisonment of up to three months according to the Execution and Bankruptcy Law. This penalty cannot be converted into a fine and cannot be postponed.
What Should be Done in Case of Unpaid Alimony in Turkey?
- There must be an alimony decision and amount determined by the court.
- For the collection of monthly alimony payments, enforcement proceedings must be initiated and the follow-up must be completed.
- At least one month must have passed between the notification of the enforcement notice and the date of the complaint.
- Complaints regarding unpaid monthly alimony must be made within 3 months at the latest from the date of payment of alimony for that month.