Summary:
HUMPH. m. according to Article 443/3; Although the decision does not need to be finalized in terms of precautionary alimony, the divorce provision must be finalized in order to be able to request poverty alimony and subsidiary alimony.
TC
Supreme
law office
Original No.: 2011/3369
Decision No:2011/19386
K. Date:17.10.2011
Upon the debtor’s request that the plaintiff be examined within the period of the court decision with the date and number written above, the file belonging to this work was sent to the apartment from the scene and read and discussed and deemed necessary:
Gaziosmanpasa 2. by the creditor. in the case filed by the family court on 09.03.2010 and numbered 2007/1262 through a declared divorce, the monthly poverty line of TL 300.00 is requested for individual receivables, subsidiary alimony, and upon application to the court for alimony collection, the debtor cannot put his receivables into execution while waiting for the divorce to be finalized, as well as while waiting for the divorce to be finalized, it appears that it was decided to cancel for reasons that do not require the poverty line and subsidiary alimony.
In the following article, it is understood that it has been decided to continue the monthly child support amounting to TL 150 in favor of the joint child and the plaintiff noble until the decision is finalized, and after the decision is finalized, 300.00 TL poverty and 250.00 TL participation child support will be decided.
In this case, a total of TL 300.00 alimony per month may be requested until the divorce is finalized as required by the decree.
HUMPH. 443/4. according to the article, a lawsuit cannot be filed against them unless the provisions related to family and personal law are finalized. In addition, the provisions of compensation, power of attorney fee and trial expenses added to the divorce decision are also subject to the same rule. However, if the divorce has been finalized, they do not need to be finalized taking into account their qualifications in order for claims for compensation, surrogacy fees and trial expenses to be followed up (HGK. 28.2.2001 date 2001/12-206E. 2001/217 K. ).
HUMK’s 443/3. according to the article; Although the decision does not need to be finalized in terms of precautionary alimony, the divorce provision must be finalized in order to be able to claim poverty and subsidiary alimony.In accordance with the provision of finalization of the terms of divorce along with poverty and other receivables through divorce, the finalization of related items in terms of alimony is essential and becomes final after the date of finalization is determined by the relevant court. A decision should be made according to the result that will occur if there is no review in writing about the incomplete sentence that has not been finalized.
CONCLUSION : The acceptance of the debtor’s appeals and the decision of the court for the reasons mentioned above are 366 IIK and 428 HUMK. in accordance with the articles, a unanimous decision was made on 17/10/2011 (ABOUT ITS DETERIORATION).