What is Alimony?
Alimony is a provision for the support of the party who will have financial difficulties as a result of the divorce.
It is a payment that can be requested from the party indefinitely in proportion to its economic power. Economical
The fault of the alimony obligor is not taken into consideration when alimony is awarded to the spouse who will be in distress.
However, the spouse who will receive alimony must be less at fault in the events that caused the divorce.
What are the Types of Alimony?
Precautionary Alimony
Poverty Alimony
Participation Alimony
Aid alimony
There are four types of alimony:
Precautionary Alimony
Family Court, which brings the case file before the spouses after their spouses file for divorce
The judge has to make decisions on some issues ex officio, that is, on his own, without any request. One of these is how the parties will make ends meet after the divorce.
After the divorce case is filed, for living expenses during the continuation of the divorce case.
Precautions on the type of alimony decided by the court to be paid by the other spouse to the spouse who will need it
It is called alimony. Precautionary alimony is the decision to be made as a result of the divorce case.
It lasts until it is finalized. This alimony is given by the court as an interim decision and must not be paid.
In such cases, it can be collected through enforcement proceedings. Male-female differences in terms of provisional alimony
There is no difference between them. So, contrary to popular belief, if needed
Precautionary alimony may also be awarded in favor of the man. Considering this alimony defect situation
It is given to the spouse in need without being kept. In other words, they try to get divorced through acts of cheating, abandonment, etc.
Precautionary alimony may also be awarded in favor of the spouse who caused the crime while the case continues.
Poverty Alimony
This alimony is decided to be paid by the other spouse along with the divorce decision in favor of the spouse in need.
is the alimony payment given. In order for poverty alimony to be awarded in favor of the spouse, alimony
The spouse to be bound must be less at fault than the other.
Participation Alimony
Participation alimony is provided for the joint child by the divorce decision given as a result of the divorce case.
The spouse to whom custody is not granted, the spouse to whom custody is granted, the joint child
It is called the money that must be paid for expenses such as education, care, etc. In the doctrine, participation alimony is also called child care alimony. This type of alimony begins when the judge decides as a precaution in the divorce case and continues until the joint child becomes an adult, that is, until the age of 18.
Aid Alimony
Aid alimony, aid according to articles 364 et al of our Turkish Civil Code No. 4721.
It is a request for assistance needed to support close relatives who will fall into poverty if not met. A child who is over 18 years old but continues his university education can also receive this alimony, which is called alimony.
How and on what basis is the alimony amount determined?
The determination of the amount of alimony to be given is determined by the judge presiding over the divorce case.
It is at your discretion. When deciding the amount of alimony, the judge will decide by taking into account the economic and social situations of the parties and their common children.
Increasing and Abolishing Alimony?
The alimony determined by the judge is based on this rate, if there is a rate specified in the decision.
is increased. Even if such a ratio is included in the decision, the economic and social situations must have changed.
In such cases, it is always possible to decide whether to increase, decrease or eliminate alimony.
can be given. However, in order for such a decision to be made, it is necessary to apply to the court and take a decision on this issue.
What are the Consequences of Non-Payment of Alimony?
If the alimony is not paid, Article 344 of the Execution and Bankruptcy Law No. 2004
According to the article, it is a prison sentence of up to 3 months. Since the implementation of repressive imprisonment
Then, if the alimony debtor pays his debt, he will be released.
The debtor who does not pay the alimony may also file a lawsuit to remove or reduce the alimony. this
Considering the allegations in the case, the implementation of the repressive prison sentence may be postponed until the end of these lawsuits.
Another situation that the debtor may face if the alimony is not paid is
As mentioned above, it is an enforcement proceeding. Alimony receivables Enforcement and Bankruptcy No. 2004
According to Article 206 of the Law, it is considered as the first ranked receivable.
Can Pension Be Seized Due to Alimony Debt?
In order to seize the pension, Social Security and General Health Insurance No. 5510
According to Article 93 of the Law, the debtor’s permission is required as a rule. However, this rule
The exception is alimony debts. In other words, according to this provision, pension is not paid due to alimony debt.
can be seized.