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Due to the fluctuating economic situation and the sharp increase in expenses, the existing maintenance amount may not be sufficient if the conditions change. In such cases, alimony recipients can apply for alimony increase with the aim of increasing the amount of maintenance. The change in maintenance, on the other hand, is a type of lawsuit by the parties, which relies on the fact that the current amount of maintenance is no longer solely due to changed economic conditions or increased expenses, or that the financial situation of a person has improved parties.
Due to the fluctuating economic situation and the sharp increase in expenses, the existing maintenance amount may not be sufficient if the conditions change. In such cases, alimony recipients can apply for alimony increase with the aim of increasing the amount of maintenance. Alimony change is a type of lawsuit brought by the parties claiming that the current level of alimony is no longer solely due to changed economic conditions or increased expenses, or that the financial situation of one of the parties has improved . In the article, we briefly discuss alimony and its types, then go into the details of alimony modification, discuss the conditions and procedure for filing a alimony modification lawsuit in Turkey, and finally answer frequently asked questions on the subject.
Keep and its types
Alimony is generally understood to mean monthly maintenance paid by one party to the other during or after divorce proceedings for the party in need of financial support. Maintenance is usually granted to women, but can be granted to both men and women. In addition to alimony in divorce cases, there is also a form of alimony called “alimony” that is paid to certain family members who have fallen into poverty. Below we briefly explain the types of maintenance. For detailed information on maintenance and its forms, see our article “Maintenance and its types in Turkey”.
Provisional Maintenance
Provisional alimony is a form of alimony determined by the judge during a period of time
Divorce in Turkey, granted to the party whose standard of living would decline or they would fall into poverty if they did not receive alimony. Provisional maintenance can be granted until the divorce proceedings are completed or for a specified period of time. The granting of provisional maintenance depends solely on the financial situation of the parties, regardless of their fault in the divorce.
subsistence allowance
A spouse who finds himself or herself in dire economic straits after the divorce or is unable to maintain his or her current standard of living is granted alimony for an indefinite period, provided that his/her culpability is no greater than the culpability of the other spouse. This type of alimony can be requested not only in divorce cases, but also through separate lawsuits. However, if spouses who
divorced by mutual consent made a statement
Minutes of the Divorce Agreement If you declare that you have waived your right to maintenance, you can no longer claim maintenance later
maintenance for children
Child support is the maintenance that the party who does not have custody of the child pays to the other party to help contribute to the child’s expenses. The granting of child support is independent of the fault of the parties. Child benefit is granted to cover expenses such as food, health and education of the child.
support maintenance
Alimony is the type of maintenance that individuals pay to their descendants (e.g. grandchildren), ancestors (e.g. grandparents) or siblings who, without support, would fall into poverty.
What does the change in alimony mean in Turkey?
The change in alimony is made through a lawsuit seeking an increase in the current amount of alimony due to changing economic conditions or for reasons such as increased spending by the alimony recipient. Since provisional alimony is a form of alimony granted as part of a divorce proceeding, it is not subject to alimony modification. Requests to increase, reduce or cancel interim maintenance are submitted to the court; a separate lawsuit will not be raised. The application for alimony increase can be made for alimony, child support and alimony payments.
How do I file a claim for increased child support?
To change alimony in Turkey, the first requirement is to receive alimony. In addition, a properly prepared Application for Amendment of Alimony in Turkey is required according to the Code of Civil Procedure. A poorly prepared application for a child support increase is rejected; therefore,
I am looking for legal assistance in Turkey can be beneficial. The application should include supporting evidence explaining why the current amount of support is no longer sufficient due to changing circumstances, increased expenses or other relevant factors. The request for an increase in child support must be filed with the competent and authorized court (see below) in order to start the action.
Competent court for claims for increases in maintenance
As for the competent court for changing alimony in Turkey, according to Article 177 of the Turkish Civil Code, the court where the alimony recipient resides has jurisdiction. If there is no family court at the place of residence of the parties, the action must be filed with the civil court of first instance.
Conditions for filing a change of maintenance claim
The conditions for filing an amendment of alimony application in Turkey are regulated by the Turkish Civil Code. In summary, Article 176/4 of the Turkish Civil Code states: “If the financial situation of the parties changes or if justice so requires, the amount of alimony may be increased or decreased”, and Article 331 of the same code states: “In this case Bei if the situation changes, the judge either resets the amount of the alimony or abolishes it.” These provisions emphasize that the amount of the alimony may change in the future for specific reasons. In summary, the essential and fundamental condition for filing an amendment to a maintenance application is the existence of one or more of the above reasons. The lawsuit is based on these conditions.
In addition, when filing a change in alimony application after an uncontested divorce, the spouses must not have stated in the divorce settlement that they are waiving their right to alimony. Otherwise, an application for an increase in maintenance can be made in the amount of the maintenance amount then determined.
Application for an increase in maintenance
The application for alimony increase is made on the basis of the above reasons. The petition should include events related to the alimony increase lawsuit. In addition, the child support recipient should provide evidence as to why he or she is making the request for a child support increase. A legal justification must be attached to the demands and statements in the petition. The requested increase in child support should be reasonable in the total increase in child support request, as a large amount could result in the claim being dismissed. These points are crucial to the positive outcome of the claim for alimony, as the omission or misrepresentation of these aspects in the application may result in the denial of the claim for alimony. Therefore, it is advisable to enlist the support of a
Family Law Attorney in Turkey.
Denial of the claim for an increase in maintenance
The request for an increase in child support may not always lead to a positive outcome. Sometimes the request for an increase in child support can be denied. The application for alimony increase is made on the basis of the conditions listed above. If there are any defects or inaccuracies in these Terms, the action may be dismissed. For example, the maintenance recipient can submit an application for an increase in maintenance on the grounds that the financial situation of the maintenance debtor has improved. However, if this cannot be proven, the application for an increase in maintenance will be rejected. Alternatively, the judge may find the requested increase in child support unfair or excessive. In addition, the request for an increase in child support may be denied if the judge considers that the current amount of child support is sufficient on grounds of equity.
frequently asked Questions
Can alimony be increased after a divorce in Turkey?
The application for an increase in alimony is made by filing an application for an increase in alimony with the competent and authorized court (the court at the place of residence of the alimony recipient). Yes, alimony can be increased after a divorce in Turkey.
Can child support be increased in Turkey?
Yes, child support can be increased. According to Article 331 of the Turkish Civil Code, child support can increase the amount of support if the needs of the child change or if the current amount of support is not enough to meet the needs of the child.
Who can submit a request for an increase in child support?
The child’s mother or father who has custody of the child can file a request for an increase in child support against the other parent who does not have custody of the child.
Can the maintenance allowance be increased?
Yes, the maintenance allowance can be increased. According to Article 176/4 of the Turkish Civil Code, the alimony payment can be increased if the financial situation of the parties changes or if justice requires it.
How long does a claim for an increase in maintenance last?
The duration of a child support claim depends on the parties’ requests, objections, and how they manage the proceedings. Complaints that are not properly filed under the rules of civil procedure prolong the process and increase the number of hearings. Working with a
Specialist lawyer for family law can lead to a quick resolution of the case.
How many times can a child support increase application be filed?
There is no specific legal regulation that states that an application for an increase in maintenance can be made after a certain period of time. As long as there is no bad faith contrary to the general legal principles, an application for an increase in maintenance can be made at any time.
DIPLOMA
In Turkey, an amendment to the alimony application can be submitted for the following reasons: the current amount of the alimony does not correspond to the current economic situation, increased expenses of the alimony recipient or the improvement of the financial situation of the alimony debtor. The requirements for the application for an increase in maintenance depend on the existence of the above reasons. Acceptance of the claim depends on evidence of these grounds and the discretion of the judge. If these reasons cannot be proven or if the judge considers the requested increase in maintenance to be unreasonable, the application for an increase in maintenance can be rejected. So it’s best to work with one
alimony attorney.
Originally published on July 31, 2023
The content of this article is intended to provide a general guide to the topic. Professional advice should be sought as to your specific circumstances.
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