What Is Child Support
Child support is provided for the subsistence of parties who may be economically distressed as a result of a divorce
this is the payment that the party can demand indefinitely at the rate of its economic strength. Economic
in addition, the alimony obligation is not considered to be a defect when alimony is attached to the spouse who will be in distress.
But the spouse who will receive alimony should be less defective in the events that caused the divorce.
What are the Types of Alimony?
- Alimony as a Precautionary Measure
- Child Support for Poverty
- Her Current Child Support
- Help support collected
There are four types of alimony, namely
Precautionary Child Support
The Family Court, which came before the case file after the spouses filed for divorce
the judge has to make spontaneous decisions on some issues without any request, i.e. you’re in charge. One of them is how to ensure the livelihood of the parties after their divorce.
After the opening of the divorce case, for his livelihood during the continuation of the divorce proceedings
a measure on the type of alimony decided by the court to pay the other spouse to the spouse who will need it
alimony is called alimony. Alimony for the measure is the result of the decision that will be made as a result of the divorce case
it will take until it is finalized. This alimony is granted by the court as an dec decision, and non-payment
in case of enforcement proceedings may be charged by. Male-female in terms of granting alimony measures
there is no difference between the two decibels. That is, contrary to what is known, if he needs it
alimony can also be ruled in favor of a man as a precautionary measure. Considering this child support defect situation
it is given to the spouse in need without being kept. That is, to divorce by acts of infidelity, abandonment, etc
in favor of the spouse who caused it, the injunction alimony may be ruled upon if the case continues
Child Support for Poverty
This alimony must be paid to the other spouse in favor of the spouse who needs it together with the decision on divorce
this is the payment of alimony. Alimony in order for the alimony of poverty to be ruled in favor of the spouse
the partner to be connected must be less defective than the other.
Affiliate Alimony
Subsidiary alimony is a common child support for a divorce decision made as a result of a divorce case
the spouse to whom custody is not granted, the spouse to whom the right of custody is granted, the common child
it is called the money that he must pay for his education, maintenance, etc. expenses. In the doctrine, subsidiary alimony is also called child maintenance alimony. This type of alimony begins with the decision of the judge as a precaution in the filed divorce case and continues until the common child becomes an adult, that is, until the age of 18.
Alimony Assistance
Alimony, assistance in accordance with articles 364 et al of the Turkish Civil Code No. 4721
it is a request for assistance for the livelihood of close relatives who will fall into poverty when they are not. a child who has reached the age of 18 but continues his university education can also receive this alimony, which is called charitable alimony.
How and According to What Is the Amount of Alimony Determined?
Determination of the amount of alimony that will be given is made by the judge who is looking at the filed divorce case
shall be at the discretion. The judge will decide on the amount of alimony, taking into account the economic and social situation of the parties and the common children.
Increase and Abolition of Alimony?
The alimony determined by the judge is based on this rate if there is a rate specified in the decision
it is increased. Even if there is such a ratio in the decision, the economic and social situations have changed
it is also always decided to increase, decrease and remove child support in case of
attributable. However, in order for such a decision to be made, it is necessary to apply to the court again and take a decision on this issue.
What are the Consequences of Non-Payment of Alimony?
344 of the Execution and Bankruptcy Code of 2004 in case of non-payment of the alimony stipulated
According to the article, it is up to 3 months of strict confinement. From the beginning of the application of suspended confinement
then the alimony debtor is evicted if he pays the debt.
The debtor who has not paid the alimony can also file a lawsuit for the abolition or reduction of alimony. This
the application of the suspended imprisonment granted in consideration of the claims in the case may be left to the end of these lawsuits filed.
Another situation that the borrower may face if the alimony is not paid is
as mentioned above, it is enforcement proceedings. Alimony receivables Enforcement and Bankruptcy No. 2004
According to Article 206 of the Law, the first place is considered to be receivable.
Can a Pension Be Foreclosed Due to a Child Support Debt?
Social Insurance No. 5510 and General Health Insurance in order for the pension to be foreclosed
According to Article 93 of the Code, as a rule, the borrower’s permission is required. However, this rule
the exception is alimony debts. In other words, according to this provision, the pension is due to the alimony debt
it can be confiscated.