LAWSUIT FOR MODIFICATION OF POVERTY ALIMONY
LAWSUIT FOR MODIFICATION OF POVERTY ALIMONY
In this week's column allocated to me in the newspaper, I will try to explain a very important issue to you. As you are aware, there has been an increase in divorce cases in recent times. Divorce cases are divided into two categories under the Turkish Civil Code: uncontested and contested.
Poverty alimony, which is regulated under Article 175 of the Turkish Civil Code, is as follows;
Poverty alimony
Turkish Civil Code Article 175 - A party who will fall into poverty due to divorce may request alimony from the other party indefinitely in proportion to their financial strength for their subsistence, provided that their fault is not graver. The fault of the alimony debtor is not sought.
Although poverty alimony is one of the financial consequences of a divorce case regarding the spouses, this provision is not immutable. In cases where the conditions are met, poverty alimony, which is granted indefinitely to the party who will fall into poverty due to divorce provided their fault is not graver, in proportion to the other party's financial strength, can be terminated or the amount of the poverty alimony can be modified. According to the provision of Article 331 of the Turkish Civil Code, in lawsuits for the modification of poverty alimony, if the circumstances change, the judge shall redetermine the amount of alimony upon request.
A lawsuit for the modification of poverty alimony can be filed in three ways.
Lawsuit for the increase of poverty alimony; If there is a significant change in the reasons requiring poverty alimony paid in the form of periodic income, the family court judge may decide to increase the periodic income.
Lawsuit for the reduction of poverty alimony; If the reason requiring poverty alimony paid in the form of periodic income disappears or decreases significantly, or if the debtor's financial strength diminishes significantly, the judge may decide to reduce the periodic income.
Lawsuit for the termination of poverty alimony; In accordance with Article 331 of the Turkish Civil Code, in the event of a change in circumstances, the judge shall terminate the poverty alimony upon request if the conditions are met. Poverty alimony, which is decided to be paid in the form of an annuity, terminates automatically in the event of the creditor party's remarriage or the death of either party; it is terminated by court order if the creditor party lives as if they were married without being married, if their poverty ceases, or if they lead an undignified life.
In accordance with the decision of the 2nd Civil Chamber of the Court of Cassation dated 11.05.2011, numbered 2011/7688 E. and 2011/8070 K.; the court ruled that if it is understood that the defendant has been living with another person as if they were married without being married, the request for the termination of poverty alimony must be accepted.
In accordance with the decision of the 2nd Civil Chamber of the Court of Cassation dated 17.10.2011, numbered 2011/2444 E. and 2011/16066 K.; the court ruled that in a lawsuit for the termination of poverty alimony, the woman's lifestyle and pregnancy should be emphasized.
In accordance with the decision of the 2nd Civil Chamber of the Court of Cassation dated 01.11.2011, numbered 2011/4437 E. and 2011/17806 K.; the court ruled that in the face of the defendant woman starting to live with another man out of wedlock, the request for an increase must be rejected.