If the Family Court decides that alimony should be paid in favor of the children or the spouse who will fall into poverty, the spouse against whom the judgment is made is obligated to pay alimony.
In the court’s ruling regarding alimony payments, the day on which alimony is to be paid may be set as a specific day of each month. In this case, the spouse who owes alimony must pay it regularly on the day specified by the court each month. If the alimony is not paid on the specified day by the debtor spouse, the spouse in whose favor the alimony was awarded may file an alimony lawsuit regarding the alimony debt that has become due.
However, the Court of Cassation has made an exception in this case. If the day designated by the court as the alimony payment date falls on a holiday, alimony may be paid on the first business day after the holiday. If the alimony payment date falls on a holiday, the Court of Cassation has clearly stipulated that enforcement proceedings must be initiated by the creditor on the first business day after the holiday and that the proceedings must be terminated if the debtor makes the payment on the same day.
Supreme Court of Appeals 8th Civil Chamber 2014/25994 E. 2016/11099 K. Notification No. Date 23.6.2016
PROCEDURE: Within the time limit specified in the above-mentioned Court decision, during the examination of the defendant, upon the defendant’s request, the file related to this case was sent from the place of the incident to the Chamber Presidency. After the report prepared by the Examining Judge regarding the file was heard and all the documents in the file were read and examined, the case was discussed and deemed necessary:
DECISION:
The debtor’s representative filed a complaint stating that… 1. In the Family Court decision … stated that the joint alimony was paid regularly every month, and that the follow-up payment for the alimony fee of TL 1000 for August 2014 was due on the 10th of the month in which the payment was to be made, and that since August 11, 2014 fell on a Sunday, the follow-up would not be carried out, requesting that the follow-up be canceled.
The court ruled that since the last payment date for the maintenance payment, which the plaintiff was required to pay, fell on a holiday, the lawsuit was filed before the payment date, but the lawsuit was accepted and, pursuant to Article 33 of the Enforcement and Bankruptcy Law, the request to suspend the enforcement proceedings was rejected in accordance with the FER ruling of 1,000.00 -TL and, pursuant to the FER provision, the request to suspend the enforcement proceedings was rejected. Th judgment was appealed by the creditor’s attorney.
The basis for the enforcement proceedings is … 1. The Family Court’s … decision to “pay 1,000 TL in contribution alimony to account no. 1 on the 10th of each month for the joint child …” to be collected from the defendant and given to the plaintiff. The debtor stated in his application to the Enforcement Court that the payments had been made. Since it was decided that the alimony would be deposited into the bank account on the 10th of each month in accordance with the judgment, no appeal was filed, and enforcement proceedings cannot be initiated for the alimony to be processed. In this case, while it was necessary to decide on the complete cancellation of the proceedings, the ruling on the recovery of 1,000.00 TL and the enforcement proceedings in accordance with Article 33 of the Enforcement and Bankruptcy Law is invalid.
CONCLUSION:
The Court’s decision to accept the debtor’s attorney’s appeal objections was rendered based on the reasons stated above, as provided in Article 366/3 of the Enforcement and Bankruptcy Code (EBC) and Article 3 of the Civil Procedure Code (CPC) No. 6100. Pursuant to Article 428 of the Code of Civil Procedure No. 1086, there is no place for the examination of the creditor’s attorney’s appeal objections pursuant to Article 366/3 of the Enforcement and Bankruptcy Law at this stage, depending on the reason for the violation. it was unanimously decided on June 23, 2016, that a request for correction of the decision may be made within 10 days of the notification of the Court of Cassation and that if an advance fee of TL 25.20 is requested, it shall be refunded to the defendant who appealed.