Alimony Increase Case

Increasing Alimony According to the Civil Code, there are many types of alimony, mainly precautionary measures, participation, aid and alimony: Alimony: It is decided by the judge at the beginning of the divorce case and can be continued until the divorce. The case is concluded, the case is closed, if necessary, the living standards of the parties are adversely affected in the divorce process, it is a type of alimony given so that it does not change direction. Alimony: It is the alimony given by the judge to the spouse without custody in the divorce case, without seeking the benefit of the minor child. Poverty Alimony:

It is the alimony given to the spouse and other spouse who became impoverished by the decision of divorce. Alimony: Alimony has nothing to do with divorce or marriage. It is the sustenance that a person pays to his descendants, ancestors and brothers who will remain in poverty if he does not help.
If the alimony given by the divorced spouse is insufficient, it may be requested to increase the alimony. Turkish Civil Code 176/ “In case the financial situation of the parties changes or the justice requires, it can be decided to increase or decrease the income.
” And article 331 of the Turkish Civil Code “If the situation changes, the judge should re-determine or remove the amount of alimony upon request.” As can be understood from the rules, the judge may decide to increase or decrease the alimony. In this case, the change in the financial situation of the parties concerned is taken into account.

As it can be understood from the text of the above article, the financial situation of the other spouse should also change. . Increase or decrease in the number of dependents of the alimony taxpayer. Increase or decrease in the needs of the person paying the alimony: For example, if the spouse receives alimony of 800 TL, the alimony can be increased if the increase in the rent of the spouse receiving the alimony is detected. In cases such as living in poverty, finding a job, getting married, the person receiving alimony can be taken back. Alimony decisions in divorce cases are not different from other legally binding decisions. Due to differences in living standards or mobility that may arise in economic conditions,

The legislator took this into account and therefore the institution called elatisab case was established. For example, the reason for the increase in alimony may be high inflation in recent years. In uncontested divorce cases, the parties must agree on both the share and the amount of the poverty alimony depending on the divorce. However, this agreement does not prevent the request for an increase in alimony to be made later. It is also possible to request an increase in the alimony agreed in the uncontested divorce. In order for the judge to decide on the increase in alimony, it is necessary to request an increase in alimony. In this case, the competent court is the family court of the domicile of the alimony creditor.