How to File an Alimony Increase Case?
Alimony conditions given by the court do not constitute a final decision. Alimony may be increased, removed or reduced according to demands. If the alimony is not sufficient due to reasons such as changing conditions over time or inflation loss, a lawsuit to increase the alimony can be filed. Let’s say that the 500 lira alimony given to one of the spouses who divorced five years ago varies depending on this year. Since the purchasing power, inflation and bill payments will not be the same as they were five years ago, the alimony creditor has the right to request an increase in alimony.
Couples who divorce by consensual divorce can file a lawsuit to increase alimony even if they have agreed on alimony or poverty alimony. Therefore, couples who divorced by consensual agreement also have the right to file the lawsuit in question.
A lawsuit can be filed by writing a lawsuit requesting an alimony increase lawsuit. In a lawsuit filed requesting an increase in alimony, the issues that must be included in the petition must be as stated in the law. If there is a deficiency or mistake in the petition, it may lead to an irreversible legal loss or loss of case in the future.
The plaintiff who requests an increase in alimony with a petition should also request that the increase rate of the alimony amount to be determined by the court be included in the decision. If the alimony increase rate is not determined for each year, it may lead to the need to file an alimony increase lawsuit in the following years.
Alimony increase cases vary depending on the economic situation and needs of the individuals after marriage or divorce. Since each alimony increase case varies depending on each event or situation, a petition must be written. For this reason, when an alimony increase lawsuit is filed, an expert lawyer should be consulted before the case, and the petition should be prepared by an expert lawyer.
A petition to prove the allegations must be attached to the lawsuit petition. The alimony increase case is a case that will be concluded in a short time since it is subject to a simple trial procedure. For this reason, the places that are requested to be added to the file and where the warrant will be written should be stated in the annex of the petition, and the situations that will prove the allegations should also be added to the petition. In the simple trial procedure, this is mandatory.
PETITION SAMPLE FOR INCREASING PARTICIPANT ALIMONY
…TO 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:
SUBJECT: Monthly …TL. Participation Alimony …TL. It is about our request to increase the monthly amount to …TL.
REMARKS
1- The defendant … and our client … were divorced by the decision of the Family Court dated …/…/…, numbered …/… E. and …/… K. (ANNEX-1)
2- As a result of the divorce, the custody of the spouses’ joint child… born… (Annex-2) was left to his mother. Alimony is not granted to the joint child in this ruling. However, as a result of the increase in the child’s expenses, school and private teaching institutions in the face of worsening living conditions, our client filed a lawsuit in the Family Court with file number …/… E. for alimony for the joint child.
3- … With the decision of the Family Court dated …/…/…, numbered …/… E. and …/… K., the monthly alimony of … TL was ruled for the joint child …. (ANNEX-3)
4- The monthly alimony of … TL awarded in the year … was insufficient as a result of the economic conditions of the day and the growth and needs of the joint child. The mutual child … … is currently studying at … High School in … class (EK-4) and attending private teaching institutions. (ANNEX-5)
5- Considering the improvement in the defendant’s economic situation, the decrease in the purchasing power of money in the face of high inflation and the increase in the needs of the joint child, it became necessary to file this case.
LEGAL REASONS: 4721 S. K. art. 330, 364, 365, 6100 S. K. m. 1, 5.
LEGAL EVIDENCE: 1-) …. Family Court …/…/… T. …/… E. …/…. K.
divorce decree no.
2-) Population Registration Sample.
3-) …. Family Court …/…/… T. …/… E. …/…. K.
court order no.
4-) Student Certificate.
5-) Receipts for school and private teaching institutions expenses.
6-) Names and addresses of the witnesses and those to whom they will testify.
Witness list showing the topics.
RESULT AND REQUEST: For the reasons explained above, monthly …TL. Starting from the date of the case of the child support, …TL. with monthly increase of …TL. We respectfully request, on behalf of our client, that the court order be increased to 100% and that the litigation expenses and attorney’s fees be charged to the other party. …/ …/ …
ANNEXES: 1-) …. Family Court …/…/… T. …/… E. …/…. K.
divorce decree no.
2-) Population Registration Sample
3-) …. Family Court …/…/… T. …/… E. …/…. K.
court order no.
4-) Student Certificate.
5-) Receipts for school and private teaching institutions expenses.
6-) Names and addresses of the witnesses and those to whom they will testify.
Witness list showing the issues.
7-) One approved copy of power of attorney.
Plaintiff’s Attorney
Lawyer.