How to Open a Case for Increasing Alimony, Its Terms
Alimony issued by the court does not constitute a final provision. Alimony can be increased, removed or reduced in accordance with requests. If alimony is not enough due to changing circumstances over time or due to reasons such as inflation loss, an alimony increase lawsuit can be filed. Let’s say that the alimony of 500 pounds given to one of the spouses who divorced five years ago differs from this year. Since the purchasing power, inflation, bill payments five years ago will not be the same, the alimony creditor has the right to request an increase in alimony.
Couples who are divorced by an agreed divorce can file for an increase in alimony, even if they have agreed on participation or poverty alimony. Therefore, couples who are divorced by agreement also have the right to file the case in question.
A lawsuit can be filed by writing a petition of claim with a request for an increase in alimony. In the case filed with a request for an increase in alimony, the considerations that must be in the petition for action must be as specified in the law. If there is a deficiency or inaccuracy in the lawsuit petition, it may lead to irrevocable legal loss or loss of the lawsuit in the future.
The plaintiff, who filed a claim for an increase in alimony with the petition for action, must also request that the rate of increase in the amount of alimony, which will be determined by the court, be added to the decision. If the rate of increase of alimony at the rate of increase of alimony is not determined in comparison with each year, it may lead to the need to file an alimony increase lawsuit in later years.
The case for increasing alimony varies depending on the economic situation, needs of people after marriage or divorce. Since each alimony increase case varies according to each event or situation, a lawsuit petition should be written. For this reason, when the alimony increase case is to be filed, a specialist lawyer should be consulted before the case, and the petition for the case should be prepared by a specialist lawyer.
A lawsuit petition must be added to the lawsuit petition October with the lawsuit petition to prove the claims in the attachment to the lawsuit petition. An alimony increase case is a case that will be concluded in a short time, since it is subject to a simple trial procedure. Therefore, the places that are requested to be added to the file and written to the client should be specified in the attachment of the lawsuit petition, and the cases that will prove their claims should October be added to the petition. In simple judicial procedure, this condition is mandatory.
AN EXAMPLE OF A PETITION TO INCREASE SUBSIDIARY CHILD SUPPORT
… TO THE FAMILY COURT
prosecutor :
TC IDENTIFICATION NUMBER :
address :
attorney :
(Legal representatives of the parties, if any)
address :
(Legal representatives of the parties, if any)
DEFENDANT :
address :
SUBJECT : Monthly …TL. the amount of Alimony of the Subsidiary …TL. Monthly with an increase of …TL.It is about our request to be removed to ’
INSTRUCTIONS
1- The defendant … and our client … of the Family Court …/…/… date, …/… E. and …/… K. they are divorced with a numbered year. (October-1)
2- As a result of the divorce, the joint child of the spouses … was born … custody of (October-2) was left to his mother. Alimony for the joint child is not attached to this provision. However, as a result of the increase in the child’s expenses, school and classroom expenses in the face of aggravating life circumstances, our client is in the Family Court to pay child support to a joint child … /… E. he filed a lawsuit with the numbered file.
3- … The history of the Family Court …/…/… history, …/… E. and …/… K. By his decree, he ruled on monthly subsidiary alimony of TL for a joint child. (October-3)
the monthly alimony of TL, which was established in the 4th year, was insufficient as a result of the economic conditions of the day and the growth of the joint child and the increase in his needs. The joint child is currently studying in the classroom (October-4) at the Lyceum and attending the gymnasium. (October-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, the necessity of opening this case has arisen.
LEGAL REASONS : 4721 P. K. m. 330, 364, 365, 6100 Pp. K. m. 1, 5.
LEGAL EVIDENCE : 1-)…. The Family Court …/…/… T. …/… E. …/…. K.
divorce decree no.
2-) Sample of Population Registration.
3-) …. The Family Court …/…/… T. …/… E. …/…. K.
court order no.
4-) Student Certificate.
5-) Receipts for school and classroom expenses.
6-) The names and addresses of the witnesses and where they will testify
the list of witnesses, which indicates the subjects.
CONCLUSION AND PROMPT : For the reasons described above, the monthly …TL. starting from the date of the lawsuit of the subsidiary alimony …TL. monthly with an increase of …TL. we respectfully request on behalf of our client that it be decided that he will be removed, the costs of the trial and the power of attorney will be charged to the opposite party. …/ …/ …
October : 1-) …. The Family Court …/…/… T. …/… E. …/…. K.
divorce decree no.
2-) Population Registration Sample
3-) …. The Family Court …/…/… T. …/… E. …/…. K.
court order no.
4-) Student Certificate.
5-) Receipts for school and classroom expenses.
6-) Witnesses will testify with their names and addresses
the list of witnesses, which indicates the subjects.
7-) An example of a certified power of attorney.
Deputy Plaintiff
Lawyer.
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