ALIMONY REDUCTION CASE
In accordance with the 4th paragraph of Article 176 of the Turkish Civil Code;
It is stated that “In cases where the economic situation of the spouses changes or when equity requires it, it may be decided to increase or decrease the income.”
In cases where there is a negative change in the financial situation of the alimony debtor and where equity is required, a lawsuit may be filed requesting the reduction of alimony.
Even if the parties are divorced by consensual divorce, the alimony obligor can file a lawsuit to request a reduction in alimony. In a consensual divorce, the parties’ agreement regarding the amount of alimony does not constitute an obstacle to filing a lawsuit.
Alimony may be requested in cases such as a positive change in the financial situation of the creditor, an increase in his economic level, or inheritance. (This situation is valid for poverty alimony)
The important situation in the case of reduction of alimony is the negative change in the economy of the alimony obligor and the change in the financial strength ratio.
Situations such as a decrease in the alimony obligor’s salary, retirement, remarriage with someone else and having a child may be cited.
The positive or negative change in the economic situation must be continuous, it is not valid for economic change that only belongs to a period.
In the case of participation alimony, the positive development in the financial situation of the alimony creditor is not important. What is important in child support is the needs of the children. The alimony obligor does not have the right to file a lawsuit requesting a reduction in alimony due to the increase in the alimony creditor’s income. If there is a negative change in the income of the alimony obligor who will request the reduction of the alimony, he can file a lawsuit.
In the case of poverty alimony, if there has been a positive development in the financial power of the alimony creditor, it may be decided to reduce the alimony or abolish the alimony completely. Since the ex-spouse receiving alimony has inherited an inheritance and there has been a development in their economic level, a lawsuit can be filed requesting alimony reduction or removal.
PETITION SAMPLE REQUEST FOR REDUCTION OF ALIMONY (POVERTY SUPPORT)
…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: It is our request that the alimony be reduced.
REMARKS
1-) Our client and the defendant were divorced by the decision of the Family Court dated …/ …/ … and numbered …/ … E. ../ … K. The court ordered our client to pay the defendant a monthly fee of … TL. ordered him to pay alimony. (ANNEX – 1)
2-) Although there has been no increase in the income of our plaintiff client since the divorce of the parties, his expenses have also increased. (ANNEX – 2) In addition, the defendant passed the civil service exam and now has a certain income since he was appointed and started working. For the reasons we explained, the monthly payment of our client to the defendant is … TL. It has become necessary to apply to your court to reduce the alimony.
LEGAL REASONS: 4721 S. K. art. 176
LEGAL EVIDENCE: … Decision of the Family Court dated …/ …/ … and numbered …/ … E. ../ … K., salary slips belonging to our client
CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request, on behalf of our client, that the alimony paid by our client to the defendant be reduced to … TL per month, 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-) Salary slips of our client
3-) Sample power of attorney
Plaintiff’s Attorney
Av.