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An action for an increase in maintenance, in short, is an action brought where the maintenance awarded by a divorce judgment becomes insufficient in the face of changing economic conditions and increasing needs. As is well known, in pending divorce proceedings, orders may be made requiring one of the parties to pay maintenance to the other party or to the joint child. Upon request, the family court judge may award interim maintenance payable to the party who would fall into poverty or to the joint child. Once the divorce judgment becomes final, the maintenance awarded to the spouse who falls into poverty continues as poverty maintenance, and the maintenance awarded to the child continues as child support.
In its dictionary meaning, alimony (nafaka) “A monthly allowance awarded by court decision to persons whom someone is obliged to support.” and the Turkish Civil Code regulates 4 types of maintenance:
Poverty maintenance
Poverty alimony is the alimony paid by the other party to the party who falls into poverty as a result of divorce, provided that the latter is not more at fault for the divorce. For this alimony to be awarded, one of the parties must request it and that person must be in a position of falling into poverty as a result of the divorce. Where all these conditions are met, the judge may award an appropriate amount of poverty alimony, taking into account the financial situation of the parties.
Child support
Where a divorce is granted, custody of the common child is given to one of the spouses. The money to be paid by the other spouse (the spouse not granted custody) to the spouse granted custody, for expenses such as the care, education and health of the common child, is referred to as child support in legal terminology.
As the years pass, changes in the parties' economic circumstances, the growth of the common child and the resulting change and increase in needs may cause the alimony awarded in the divorce judgment to become insufficient, thereby giving rise to the need to request an increase.
In both types of maintenance explained above, the amount of maintenance is determined by taking into account the parties’ economic circumstances and the amount necessary for their livelihood. However, owing to changing economic conditions and the increasing needs of the persons concerned over time, the maintenance may sometimes become insufficient.
Where such a situation arises, the action to be brought with a request for an increase in maintenance is called action for increase of alimony in legal terminology.
An increase in alimony may be requested where the economic circumstances and subsistence needs of the parties change. This is regulated in the Turkish Civil Code as follows:
“Where the financial circumstances of the parties change or where equity so requires, it may be decided to increase or reduce the annuity.” in legal terminology.
Turkish Civil Code, Article 176/4
“In the event of a change in circumstances, the judge shall, upon request, redetermine the amount of maintenance or terminate the maintenance.” in legal terminology.
Turkish Civil Code, Article 331/1
Accordingly, once alimony has been awarded, it may be increased where the financial circumstances of the parties change or where equity so requires. A change in the financial circumstances of the parties may arise in two situations:
By way of example, the most typical cases are an increase in the income of the party paying alimony, or the emergence or increase of educational needs as the common child grows older.
The action for increase of alimony is brought by the alimony creditor against the alimony debtor.
Competent court
Family Court
Yetkili mahkeme · TMK Madde 177
The Family Court of the maintenance creditor’s place of residence
The court with subject-matter jurisdiction in actions for increase of alimony is the Family Court.
Territorial jurisdiction, on the other hand, is regulated in the Turkish Civil Code:
“In maintenance actions to be brought after divorce, the court of the place of residence of the maintenance creditor has jurisdiction.” in legal terminology.
Turkish Civil Code, Article 177
Accordingly, the action will be brought before the Family Court at the domicile of the alimony creditor.
Instead of bringing actions repeatedly for each alimony period, a request may be made in the action to determine the rate of increase for future years, so that subsequent alimony periods are also regulated without the need to bring a new action. This situation is also regulated in our Civil Code, and the relevant article reads as follows:
“Upon request, the judge may decide the amount at which maintenance ordered to be paid in the form of an annuity is to be paid in future years according to the social and economic circumstances of the parties.” is the applicable provision.
Turkish Civil Code, Article 330
Talep edilmezse
It should be noted that if this is not requested in the action, the judge cannot of his or her own motion rule on the increase for future years. Therefore, if there is such a request, it is important that it be raised in the action.
The simple procedure is applied in this type of action, which is heard before the Family Courts. In our judicial system, while a more detailed trial is emphasised in certain types of action, alimony actions have been made subject to the simple procedure in view of the benefit of concluding them in a shorter and simpler manner.
Accordingly, under this procedure the exchange of pleadings (stage) is shorter, and the aim is to complete the proceedings as soon as possible by gathering the evidence.
Related page: Divorce Lawyer in Ankara — uncontested and contested divorce, custody, maintenance and division of property
Related page: Custody Lawyer in Ankara — custody actions, change of custody and personal relations
Related legislation: Turkish Civil Code No. 4721 (mevzuat.gov.tr)
After alimony has been awarded, an increase may be requested if the financial circumstances of the parties change or if equity so requires. The article states that this change may take the form of an improvement in the financial situation of the alimony debtor or a deterioration in the financial situation of the alimony creditor, and that an increase in the paying party's income and increased educational needs of the child are typical examples.
Poverty alimony is paid by the other party, upon request, to the party who would fall into poverty as a result of the divorce and whose fault is not greater. Child support is the money paid by the spouse who is not granted custody to the custodial spouse for the child's care, education and health expenses.
The court with subject-matter jurisdiction is the Family Court. Under Article 177 of the TMK, in alimony actions brought after divorce, the court of the alimony creditor's domicile has jurisdiction.
Evet. TMK m.330’a göre hâkim, istem hâlinde irat biçiminde ödenen nafakanın gelecek yıllarda tarafların sosyal ve ekonomik durumlarına göre ne miktarda ödeneceğini karara bağlayabilir. Bu talep ileri sürülmezse hâkim kendiliğinden karar veremez.
According to the article, the simple trial procedure applies in these actions; the pleadings stage is shorter, and the aim is to collect the evidence and conclude the proceedings as quickly as possible.
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