What Is An Alimony Increase Lawsuit, How To File?
WHAT IS AN ALIMONY INCREASE CASE?
The alimony increase case refers to the lawsuit filed by the alimony creditor in favour of the alimony debtor in the event that the alimony no longer meets the necessary expenses for the alimony creditor due to changing economic conditions and needs.
The alimony judgements ruled by the court are not final judgements. For this reason, the amount of alimony can be increased by the court when the conditions are appropriate and requested. It is usual for the alimony amount to be insufficient due to reasons such as changing economic conditions and inflation loss over time. The party who requests the court to increase the alimony for a justified reason can increase the alimony by filing an alimony increase lawsuit.
UNDER WHICH CONDITIONS IS AN ALIMONY INCREASE LAWSUIT REQUESTED?
In order to request an alimony increase, the existence of conditions in accordance with the legally determined reasons and these conditions must be put forward and proven in court.
A lawsuit can be filed on the condition that the alimony given due to economic conditions is not sufficient for the alimony creditor.
The financial situation of the parties must change and the conditions required by equity must exist.
The person who will request an alimony increase must be an alimony creditor.
HOW TO FILE AN ALIMONY INCREASE CASE?
The alimony creditor who will request an alimony increase makes a request to the Family Court, which is located in the location where he / she lives.
He/she submits the petition and accompanying documents requesting an increase in alimony
The court deposits the fees and expenses required for the alimony increase to the court cashier.
The court investigates the economic situation of both parties and considers the legal evidence.
Evidence that will justify the alimony increase request must be submitted to the court. For example; private school registration documents of the joint child, documents showing health-related expenses and other needs, or documents showing that the alimony creditor has lost his/her labour force.
IN WHICH CASES AND AGAINST WHOM CAN AN ALIMONY INCREASE CASE BE FILED?
The alimony increase lawsuit is filed by the alimony creditor to the alimony debtor if the alimony amount does not cover the expenses of the parties’ joint children and the alimony recipient.
It can be filed by the alimony creditor if there are positive changes in the economic situation of the alimony debtor and the financial situation of the alimony creditor ex-spouse becomes significantly difficult.
It can be requested if the alimony creditor is unable to meet the expenses due to inflation and the decrease in purchasing power over time.
An alimony increase may be requested if the needs of the joint child increase due to reasons such as starting a private school or enrolling in a new course.
Alimony creditor who cannot go to work due to a health problem or whose ability to work decreases may file a lawsuit for an increase if he/she cannot meet his/her needs.
An increase may be requested for justifiable reasons such as the alimony creditor’s illness requiring expensive treatment.
WHAT IS THE COMPETENT AND AUTHORISED COURT IN THE ALIMONY INCREASE CASE?
The court in charge of the alimony increase case is the Family Court. If there is no family court in the jurisdiction, the Civil Courts of First Instance are in charge.
In the case of alimony increase, the court is the competent court in terms of the place of residence of the alimony creditor. This issue is regulated in Article 177 of the Turkish Civil Code and it is stated that “In alimony cases to be filed after divorce, the court of the settlement of the alimony creditor is authorised.” Accordingly, each alimony recipient may file a lawsuit for the increase of alimony to the Family Court, which has jurisdiction over the place of residence.
WHAT IS THE DURATION OF THE ALIMONY INCREASE CASE?
The law does not stipulate a certain period of time for the alimony increase lawsuit. In order to file an alimony increase lawsuit, it is sufficient for the existing conditions to occur and the situation to require equity. It is sufficient that the economic conditions change after the alimony is awarded by the court and the alimony creditor does not meet the needs of the alimony creditor with the changing financial conditions. A certain period of time is not required for this situation to occur.
HOW MUCH IS THE FEE TO BE PAID IN THE ALIMONY INCREASE CASE?
Fees in alimony increase cases are subject to proportional fees. The fact that the case is subject to a proportional fee means that the fee varies according to the amount of alimony. Therefore, the relative fee will vary according to the amount of the alimony in question in the case.
HOW IS THE ALIMONY INCREASE RATE CALCULATED?
The amount of the alimony is assessed by the court according to the economic needs of the plaintiff and the financial situation of the defendant. Alimony increase rates are determined by the court according to the Producer Price Index (PPI) rates announced by the Turkish Statistical Institute. However, the court is not bound by this rate. Since the economic status and conditions of the alimony creditor and debtor will vary according to each concrete case, it is possible for the court to make an alimony increase above the specific alimony increase rate.
In addition, the parties may request the court to determine the rate of increase of the alimony amount in the following years when the court awards the alimony. (TCC 176/ 5) In this way, the alimony creditor will be able to request the determination of the rate of increase in advance instead of filing an alimony increase lawsuit later.
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