Complaint For Failure To Fulfill Alimony Decree
ENFORCEMENT PROCEEDINGS FOR ALIMONY
Court order, When a person’s right is not fulfilled or violated, this person applies to the court and requests that this violation be prevented or his right be restored.
If we question the answer to the question of How to Open Enforcement Proceedings for Alimony in the light of the above explanation; In the divorce decision or as a result of the alimony case, the court determines the alimony amount and decides to pay it to the other spouse. This decision taken for alimony is a court decree. If the court decides in favor of the claimant as a result of the proceedings, the respondent defendant is indebted in terms of follow-up law and must fulfill this debt.
If the defendant does not voluntarily fulfill the requirements of the court decision (alimony judgment), the alimony creditor applies to the enforcement directorate and requests the execution of the alimony judgment by opening an enforcement proceeding for the payment of alimony. The enforcement proceeding for alimony is notified to the debtor. The debtor is obliged to fulfill the judgment by paying the debt in the writ enforcement proceeding sent due to the debtor’s failure to pay the alimony debt according to the court’s alimony decree. If it does not comply with the enforcement order, it is forcibly fulfilled in the ways stipulated in the law.
Complaint for Failure to Fulfill Alimony Decree
… ENFORCEMENT CRIMINAL COURT
CLIENT :
PROXY :
SUSPECT (DEBTOR) :
CRIME : Failure to Fulfill the Requirements of the Alimony Decree.
DATE OF OFFENSE : …/ …/ …
EXPLANATIONS
1-) Our client and the suspect (debtor) got married on …/ …/ …/ … date and had a child named … on …/ …/ … date. However, our client and the suspect (debtor) applied to the court on …/ …/ … due to the increase in the severity of the fights they had during the continuation of their marriage union and they divorced with the decision of the … Family Court dated …/ …/ …/ … dated …/ …/ … E. …/ …/ … K..
2-) In the judgment given by the … Family Court, although it was decided that the suspect (debtor) should pay monthly … TL… alimony for their child …, the suspect (debtor) has not paid the monthly … TL… alimony for … months.
3-) In Article 344 of the Execution and Bankruptcy Law No. 2004 titled “Penalty for those who do not comply with the decisions regarding alimony” amended by Article 15 of the Law No. 5358 on the Amendment of the Execution and Bankruptcy Law No. 2004;
“The debtor who does not fulfill the requirements of the decisions regarding alimony, upon the creditor’s complaint, is sentenced to compulsory imprisonment for up to three months. If the requirements of the decision are fulfilled after the imprisonment is started, the debtor shall be released.
In the event that the debtor has filed a lawsuit for the abolition or reduction of alimony, the imposition of compulsory imprisonment may be left to the end of this lawsuit, taking into account the reasons put forward.”
regulation is included.
4-) The suspect (debtor), who does not fulfill the alimony decree, violates the clear provision of the law. It has become necessary to apply to your court for the punishment of the suspect (debtor).
LEGAL GROUNDS : Article 344 of 2004 S. Code and related legislation.
LEGAL EVIDENCE : … Family Court’s decision dated …/ …/ …/ …/ …/ …/ … E. …/ … K., witness statements and other evidence.
CONCLUSION AND REQUEST
For the reasons explained above, we respectfully request on behalf of our client that the suspect (debtor) be sentenced to imprisonment in accordance with Article 344 of the Execution and Bankruptcy Law No. 2004 due to the failure to fulfill the alimony decree, and that the costs of the trial be charged to the other party. …/ …/ …
REPRESENTATIVE OF THE COMPLAINANT (CREDITOR)
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