Reasons for the Case for Removal of Alimony
Alimony is a monthly allowance that will be determined according to the person who will pay the alimony and the social and economic level of the person to whom it will be paid. The alimony obligor has the right to file a lawsuit against the alimony assessed by the court, requesting the removal of alimony, if the conditions for the alimony to be abolished are met. Depending on the change in the financial situation or social and economic situation of the parties, the alimony debtor has the right to file a lawsuit to reduce the alimony (alimony reduction), and the alimony creditor has the right to file a lawsuit to increase the alimony. A lawsuit can be filed against the alimony paid by the alimony debtor in cases where the alimony creditor no longer needs the alimony. This situation will arise if the alimony creditor earns new income and gets a job.
In the case of poverty alimony, if the alimony creditor dies, there is no need to file a lawsuit for the abolition of alimony. If the alimony debtor dies, the obligation to pay alimony will automatically disappear. Alimony will automatically disappear in the event of the death of the payee. In addition, the same situation will arise if the alimony creditor remarries. The alimony obligor does not need to file a lawsuit to abolish the alimony if the alimony recipient gets married, the alimony will be abolished automatically.
REQUEST TO REMOVE ALIMONY
…TO THE FAMILY COURT
PLAINTIFF:
TR ID NO:
ADDRESS:
DEPUTY:
(Legal representatives of the parties, if any)
ADDRESS:
(Legal representatives of the parties, if any)
DEFENDANT:
ADDRESS:
SUBJECT: This is our request for the abolition of alimony.
REMARKS
1-) Our client married the defendant on …/ …/ …. Their marriage, which was harmonious at first, ended in divorce as the increasing arguments became unbearable. Our client and the defendant were divorced by the decision of the Family Court dated …/ …/ … and numbered …/ … E. …/ … K. and the court ordered our client to pay the defendant a monthly payment of … TL. ordered him to pay alimony. (ANNEX – 1) In accordance with the decision given by the court, our client paid the alimony regularly every month. We enclose the bank receipts for the payments. (ANNEX – 2)
2-) Our client and the defendant continued to live in the same neighborhood after their divorce. (ANNEX – 3) Our client heard that the defendant, after divorcing her, lived together with the person named … … as if they were actually married without getting married, and she saw with her own eyes that the defendant and the person named … … entered and left the same house. To prove this situation, people named … … and … … are also in a position to testify. (ANNEX – 4) This is a situation that prevents the defendant from receiving alimony and the Supreme Court jurisprudence is also in this direction. (ANNEX – 5)
3-) For the reasons we have explained, it has become necessary to apply to your court to remove the alimony that our client has been paying to the defendant.
LEGAL REASONS: 4721 S. K. art. 176, 365
LEGAL EVIDENCE: … Decision of the Family Court dated …/ …/ … and numbered …/ … E. …/ … K., Bank receipts numbered …, …, …, … regarding alimony payments, residence record of our client, witness statements, Supreme Court case law.
CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request, on behalf of our client, that the alimony our client has been paying to the defendant be abolished, starting from the date of the case, and that the litigation expenses and attorney’s fees be charged to the other party. …/…/…
ANNEXES: 1-) … Decision of the Family Court dated …/ …/ … and numbered …/ … E. …/ … K.
2-) Bank receipts numbered …, …, …, … regarding alimony payments
3-) Residence record of our client
4-) Statements of witnesses named … … and … …
5-) 2. HD. 11.05.2011 T. 2011/7688 E. 2011/8070 K.
6-) Sample power of attorney.
Plaintiff Attorney Atty.