ALIMONY REDUCTION CASE
176 of the Turkish Civil Code. Article 4. Pursuant to paragraph;
It is stated that ”it may be decided to increase or decrease the will if the economic situation of the spouses changes or equity is required”.
In cases where there is a negative change in the financial situation of the alimony borrower and requires equity, a lawsuit may be filed requesting a reduction of alimony.
Even if the parties have divorced through an agreed divorce case, the alimony payer can file a claim with a request to reduce the alimony. The agreement between the parties on the amount of alimony in an Dec divorce does not constitute an obstacle to the opening of the case.
Alimony can be requested in cases where there has been a positive change in the material condition of the creditor and an increase in his economic level, inheritance. (This applies to alimony for poverty)
The important thing in the case of deduction of alimony is that the economics of the alimony obligation changes in a negative way, and the ratio of material forces changes.
Situations such as a decrease in the salary of the alimony obligee, his retirement, remarriage with someone else and the fact that he has children can be shown.
A positive or negative change in the economic situation must be constant, it is not a situation that applies to economic change that belongs to a single period.
In the subsidiary alimony, the positive development that has taken place in the material situation of the alimony creditor is not significant. The need of children is important in subsidiary alimony. The alimony payer does not have the right to file a lawsuit with a request for a deduction of alimony due to an increase in the income of the alimony creditor. If there is a negative change in the income of the alimony obligee who will request a reduction of the subsidiary’s alimony, he will be able to file a lawsuit.
If there has been a positive development in the financial strength of the alimony creditor in the case of poverty alimony, it may be decided to make a reduction in alimony or to abolish alimony altogether. The ex-spouse who receives alimony for poverty will be able to file a lawsuit demanding a reduction or abolition of alimony, since he has inherited it and there has been an improvement at the economic level.
REQUEST FOR REDUCTION OF ALIMONY (ALIMONY FOR POVERTY) EXAMPLE OF A PETITION
… TO THE FAMILY COURT
prosecutor :
TC ID NO :
address :
attorney :
(Legal representatives of the parties, if any)
address :
(Legal representatives of the parties, if any)
DEFENDANT :
address :
SUBJECT : The reduction of alimony for poverty consists in our request.
INSTRUCTIONS
1-) Our client and the defendant, … the Family Court …/ … / … the date and …/ … E. ../ … K. they were divorced by decree No. The court considers that our client, the defendant, receive monthly … TL. he ruled on the payment of alimony for poverty. (October – 1)
2-) Although there has been no increase in the income of our plaintiff client in the time since the parties’ divorces to date, their expenses have also increased. (October – 2) In addition, the defendant has earned the civil service examination and has now received a certain income since he started his job by making an appointment. For the reasons we have explained, the monthly payment that our client pays to the defendant is … TL. there has been an obligation to apply to your court for the deduction of alimony for poverty.
LEGAL REASONS : 4721 P. K. m. 176
LEGAL EVIDENCE : … The history of the Family Court …/ …/ … and …/ … E. ../ … K. decision No. 1, our client’s payslips
CONCLUSION AND REQUEST: For the reasons we have explained above, the poverty alimony that our client pays to the defendant starting from the date of the case is …TL per month.we respectfully request on behalf of our client that it be decided that the costs of the trial and the attorney’s fee will be charged to the opposite party. …/…/…
APPENDICES : 1-) … The October of the Family Court …/ …/ … and …/ … E. ../ … K. decision no.
2-) Our client’s payslips
3-) Sample power of Attorney
Deputy Plaintiff
Lawyer.
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