WHAT IS THE ALIMONY INCREASE CASE?
An alimony increase lawsuit refers to a lawsuit filed by an alimony creditor against an alimony debtor in his favor if the alimony creditor is no longer able to cover the necessary costs in terms of an alimony creditor due to changing economic conditions and needs.
The alimony decisions made by the court are not final. For this reason, the amount of alimony can again be increased by the court if the conditions are appropriate and requested. It is common for the amount of alimony to be insufficient due to reasons such as changing economic conditions and inflation loss over time. The party who makes an increase request to the court for a justified reason will be able to increase alimony by filing an alimony increase lawsuit.
UNDER WHAT CONDITIONS IS THE ALIMONY INCREASE CASE REQUESTED?
In order to be able to request an increase in alimony, it is necessary to have conditions in accordance with the legally established reasons, and these conditions must be put forward and proven in court.
A lawsuit can be filed on the condition that the alimony provided due to economic conditions is not sufficient for the alimony creditor.
The financial situation of the parties should change and there should be situations where fairness requires it.
The person who will apply for an increase in alimony must be an alimony creditor.
HOW TO FILE A CLAIM FOR AN INCREASE IN ALIMONY?
The alimony creditor, who will request an increase in alimony, submits a request to the Family Court, which is located depending on where he lives.
Submits a petition for a claim for an increase in alimony and accompanying documents
He invests the fees and expenses necessary for the increase of alimony in the court teller.
The economic situation of both parties is investigated by the court and legal evidence is considered.
Evidence that will justify the request for an increase in alimony must necessarily be submitted to the court. For example, documents on the registration of a joint child in a private school, documents showing health-related expenses and other needs, or documents indicating that the child support creditor has lost his work force.
IN WHAT CASES AND AGAINST WHOM CAN AN ALIMONY INCREASE LAWSUIT BE FILED?
The case for increasing alimony is opened by the alimony creditor to the alimony debtor if the amount of alimony does not cover the expenses of the joint children of the parties and the person receiving alimony.
If there are positive changes in the economic situation of the alimony borrower and the financial situation of the former spouse, the alimony creditor, becomes significantly difficult, the alimony can be opened by the creditor.
Alimony can be requested if the creditor cannot cover the expenses due to the inflation that changes over time and the decrease in purchasing power.
If the needs of the joint child increase for reasons such as starting a private school or enrolling in a new course, an alimony increase can be requested.
An alimony creditor who cannot go to work due to a health problem or whose work capacity is reduced may file for an increase if he does not meet his needs.
An increase can be requested for justified reasons, such as the occurrence of an alimony creditor’s illness that requires expensive treatment.
WHERE IS THE COURT IN CHARGE AND AUTHORIZED IN THE ALIMONY INCREASE CASE?
The court in charge of the alimony increase case is the Family Court. If there is no family court around the jurisdiction, the Civil Courts of First Instance are in charge.
In the case of alimony increase, the settlement place of the alimony creditor is the court authorized in terms of location. This issue is covered by Article 177 of the Turkish Civil Code. it is regulated in the article “In alimony cases that will be filed after a divorce, the court of settlement of the alimony creditor is authorized. it has been said that “. Accordingly, each alimony recipient will be able to file a claim for an increase in alimony with the Family Court, which is located depending on the place of residence where he lives.
WHAT IS THE DURATION OF THE ALIMONY INCREASE CASE?
A certain period of time is not provided for in the law for the alimony increase case. In order for an alimony increase lawsuit to be filed, it is sufficient that the existing conditions are established and the situation requires fairness. After the alimony is decided by the court, it is enough that the economic conditions change and the alimony creditor does not meet his needs with changing financial conditions. A certain period of time is not required for this condition to occur.
HOW MUCH IS THE FEE TO BE PAID IN THE ALIMONY INCREASE CASE?
In cases of increasing alimony, the fee is subject to relative fee. The fact that the case is subject to relative fees means that the fee varies depending on the amount of child support. Therefore, the relative fee will vary depending on the amount of alimony in question in the case.
HOW IS THE ALIMONY INCREASE RATE CALCULATED?
The amount of alimony is assessed by the court in accordance with the plaintiff’s economic needs and the defendant’s financial situation. The child support increase rates are determined by the court according to the Producer Price Index (PPI) rates announced by the Turkish Statistical Institute. However, the court is not bound by this ratio. Since the economic situation and circumstances of the alimony creditor and debtor will differ depending on each concrete event, it is possible for the court to make an alimony increase above the specific alimony increase rate.
In addition, the parties may request the court to determine the rate of increase in the amount of alimony in subsequent years when alimony is decided by the court. (TMK 176/ 5) In this way, the alimony creditor will be able to request that the rate of increase be determined in advance instead of filing an alimony increase lawsuit later.
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