Petition For Alimony Increase Case
-SAMPLE PETITION-
ANKARA FAMILY COURT ON DUTY ( )
PLAINTIFF
ADDRESS :
AGENT :
ADDRESS :
TELEPHONE :
DEFENDANT
ADDRESS : …
CASE VALUE :
TL 6.000,00 (calculated over the annual alimony amount for which an increase is requested in accordance with the decision of the 2nd Civil Chamber of the Court of Cassation dated 10.01.2017 and numbered 2016/25335 E. – 2017/187 K.)
SUBJECT OF THE REQUEST :
It is requested to increase the alimony paid for the client by 500,00 TL to 1.500,00 TL and to decide to apply an increase in the amount of alimony at the rate of PPI every year.
EXPLANATIONS :
1.Client A….. B…..,
has previously filed a lawsuit against the defendant’s wife with a request for precautionary alimony, the case in question Ankara ….. Family Court’s 2018/….. Main, 2018/….. Decision number, the said decision was finalised in favour of the plaintiff client and an injunction alimony of 1.000,00 TL was ruled in favour of the plaintiff client. (Ankara ….. Family Court of Ankara 2018/….. Main, 2018/….. Decision numbered file is requested)
2. Considering the time that has elapsed since the above-mentioned action for injunctive alimony was filed and today’s economic conditions, the amount of 1.0000,00 TL has become very inadequate. In addition, the defendant’s salary and income have increased, inflation and the cost of living have increased, but there has been no increase in the amount of alimony of the plaintiff client (and the plaintiff client has no other income). In the face of the pandemic process that has affected the whole world and our country and the cost of living and economic conditions, these figures have lost their meaning and do not fulfil their purpose.
3. The client lives alone and has no income. The children of the plaintiff client also live separately from him, and they do not help the plaintiff client economically.
4. Considering the fact that 3 years have passed since the date of the alimony award, the increase in inflation within 3 years is much higher than even the TURKSTAT data, the increase in the income of the defendant party, the plaintiff client has no income and today’s economic conditions, it is not possible to accept the amount ruled in favour of the plaintiff client without any increase rate. For these reasons, it has become necessary to submit this Alimony Increase Case.
LEGAL GROUNDS :
HMK, TMK, Law. and other relevant legislation
EVIDENCE :
1-Subpoena of Family Population Records and Population Records of the Parties
2-Social Economic Situation Research, subpoena of the defendant’s salary information from the relevant institution, SSI records
3-Title Registry
4-Tax Office Records
5-Bank Records
6-Records kept before Official Authorities
7- Ankara ….. Family Court’s 2018/….. Main, 2018/….. Subpoena of the file with decision number
8-Subpoena of PPI/TPI rates and inflation rates from CBRT, TURKSTAT and related institutions
9-Witness Statements (If deemed necessary, they are requested to be heard)
E….. F…..
G….. H…..
10-Informed Expert Report
11-Discovery
12-Oath
13-Precedent Court of Cassation judgements
14-All kinds of legal evidence
CONCLUSION AND REQUEST :
For the reasons explained above and to be taken into consideration ex officio by your Honourable Court,
1- Acceptance of our just cause,
2- The alimony paid by the defendant shall be increased by 500,00 TL to 1.500,00 TL as of the date of the lawsuit,
3-Application of an increase in the awarded alimony at the rate of PPI every year,
4- To charge all kinds of judgement expenses and attorney fees to the other party,
Decision to be made
We request by proxy.25.07.2021
Plaintiff A….. B….. Attorney for
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