What is Participation Alimony (Child Support)?
With the divorce decision, the judge will give custody of the child to one of the spouses. The spouse who is given custody of the child will assume the care and protection of the child.
However, the care, education and other expenses of the child do not only belong to the spouse who has custody; the spouse who is not given custody must also participate in the expenses for the child’s care, education and other needs.
Here, the alimony that the spouse, who is not given custody of the child, has to pay for the child’s expenses is called participation alimony.
PETITION SAMPLE FOR CHILD SUPPORT REQUEST
… TO THE JUDGE OF THE FAMILY COURT
PLAINTIFF:
TR ID ID NUMBER:
ADDRESS:
DEPUTY:
(Legal representatives of the parties, if any)
ADDRESS:
(Legal representatives of the parties, if any)
DEFENDANT:
ADDRESS:
DEPUTY:
(Legal representatives of the parties, if any)
ADDRESS:
(Legal representatives of the parties, if any)
SUBJECT: Monthly fee for joint child… TL. The award of alimony is our request.
REMARKS
1-) Our client…. …. The defendant and the defendant got married on …/…/…. The parties divorced on …/…/… and custody of the joint child was given to our client. In this divorce case, no alimony was awarded for the benefit of our client and the joint child, taking into account the defendant’s financial situation at the time of the case. About this…. The decision of the Family Court numbered …/… E. …./… K. is attached. (ANNEX-1)
2-) However, our client, whose financial situation changed after the divorce, became unemployed on …./…/… and the defendant …. …. He started working in ….. company with a good salary. (ANNEX-2) In addition, our client pays house rent, but the defendant does not pay rent because he is staying with his family. (ANNEX-3)
3-) The joint child … … has reached school age and his/her essential needs have naturally increased. (ANNEX-4) Since our client does not have the financial means to cover these expenses, he needs the help of his family to make ends meet.
4-) For the reasons we have tried to explain above, it has become necessary to apply to your court to obtain the alimony needed from the defendant for the necessary and educational expenses of the joint child.
LEGAL REASONS: 4721 S. K. M. 327, 328, 329, 330, 331, 332
LEGAL EVIDENCE:
1-) … Aile Mah. …/… E. …/… K. divorce decree
2-) Workplace records and SSI. Service breakdown
3-) Lease contract dated …/…/…
4-) Student certificate
CONCLUSION AND REQUEST: For the reasons explained above, the defendant requests a monthly fee of … TL for the joint child, starting from the date of the case. We respectfully request, on behalf of our client, that alimony be collected and that the litigation expenses and attorney’s fees be charged to the other party. …/ …/ …
ANNEXES:
1-) … Aile Mah. …/… E. …/… K. divorce decree
2-) Workplace records and SSI. Service breakdown
3-) Lease contract dated …/…/…
4-) Student certificate
5-) One approved copy of power of attorney.
Plaintiff’s Attorney
Av.