Alimony and Types of Alimony in Family Law

Types of Alimony and Their Legal Basis

In family law, alimony is the obligation of providing financial support to those under one's care. In our legal system, alimony is not merely a payment between divorced spouses; it is an obligation arising from the relationship between parents and children, and sometimes even from kinship ties. Correctly defining the types of alimony is the first and most important step in understanding the rights of parties in a divorce process or in disputes related to family law.

Types and Definitions of Alimony

Under the Turkish Civil Code, alimony is categorized into four main categories: interim alimony, child support, spousal support, and assistance alimony

1. Interim Alimony: This is a "temporary" alimony payment aimed at protecting the financial well-being of spouses and children during divorce proceedings, while awaiting the outcome of the case. The court can order this alimony as soon as the case is filed to maintain the parties' standard of living.
2. Child Support: Following a divorce, this type of support ensures that the parent who is not granted custody contributes to the child's care and education expenses. This type of support is entirely focused on the child's best interests and needs.
3. Alimony: This is a form of alimony provided to one spouse (provided they are not at fault) who is expected to fall into poverty as a result of divorce. Its purpose is to ensure the livelihood of the spouse whose standard of living will drastically decrease due to the divorce.
4. Alimony: Regardless of a divorce case, this is support provided to descendants, ascendants, or siblings who would fall into poverty if not supported. It is a legal manifestation of family solidarity.

In our legal system, alimony is not a "punishment" but a method of "meeting needs." Therefore, when determining alimony, the judge carefully evaluates the social and economic circumstances of the parties, their incomes, expenses, the child's age, and educational needs. The amount of alimony is always "adjustable" according to economic changes (inflation, rising costs, etc.). In other words, an alimony amount determined today can be increased or decreased when the economic situation of the parties changes.

The Importance of Alimony Processes

Although alimony is often perceived as a "negotiable item between the parties" during divorce proceedings, it is actually a fundamental social safeguard for the child's future and the spouse's minimum living standards. Interim alimony continues during the litigation period, child support until the child reaches adulthood, and spousal support generally continues indefinitely (but until circumstances change).

Throughout this guide series, we will see that alimony is not merely a monetary transfer, but a balancing element based on the principle of equity. The processes of collecting and modifying alimony payments are among the most contentious issues in family law. Correctly distinguishing between different types of alimony facilitates the process of seeking justice and prevents unnecessary litigation.

1. Interim Alimony: This type of alimony is a "temporary" support granted by the court to ensure the economic protection of spouses and children while a divorce or separation case is ongoing. Since the divorce has not yet been finalized, the aim is to maintain the parties' current standard of living during the proceedings. Interim alimony ends when the case concludes or the divorce decree becomes final.

2. Child Support: This is the support paid by the parent who is not granted custody after a divorce to ensure their contribution to the child's care, education, health, and all other living expenses. The primary purpose of this type of support is the child's best interests, and it continues until the child reaches adulthood (18 years of age). However, if the child continues their education, support in the form of "support alimony" can be requested even after reaching adulthood.

3. Alimony for Poverty: This is a permanent support payment made by one spouse (provided they are not more at fault) to the other spouse who will fall into poverty due to divorce. Alimony for poverty begins after the divorce decree becomes final. It automatically ends if the recipient spouse remarries, dies, or lives with someone as if they were married, or if the recipient's poverty ceases; it also ends by court order if the recipient's poverty ends.

4. Support Alimony: This type of alimony is regulated completely independently of the divorce proceedings. It is a support obligation provided to descendants (children, grandchildren), ascendants (parents, grandparents), and siblings who would fall into poverty and destitution if not supported. It is based on the principle of mutual assistance and solidarity within the family and ends when the need ceases.

Alimony/Poverty Support:

Conditions, Duration, and the "Fault" Factor

Within alimony law, the most disputed and debated topic is alimony for poverty. Article 175 of the Turkish Civil Code stipulates that a party who will fall into poverty due to divorce may request alimony for an indefinite period, in proportion to the financial capacity of the other party.

Basic Requirements for Alimony Payments

For alimony to be awarded, three essential elements must be present simultaneously:

• State of Poverty: The spouse requesting alimony must not have a minimum income sufficient to meet their basic needs such as food, drink, clothing, shelter, healthcare, transportation, and education. In Supreme Court rulings, individuals who do not have a regular and continuous income and cannot even meet their basic living expenses are considered "poverty."
• Fault Determination: The spouse requesting alimony must not be more at fault than the other spouse in the divorce. If the party requesting alimony is "fully at fault" in the events leading to the divorce, they cannot receive alimony, even if it would lead to poverty.
• Request: Alimony is not a type of alimony that is automatically awarded by the judge. The spouse requesting alimony must explicitly state this request during the lawsuit or within the divorce proceedings.

Fault Factor and its Legal Effects

The condition of "not being more at fault" is the element the court pays most attention to when making a decision. When determining the degree of fault, the parties' conduct within the marriage, and allegations of infidelity, violence, insults, or disloyalty are examined. In a divorce case, the judge also evaluates the alimony claim based on the degree of fault.

Duration and Termination

Although alimony is described as "indefinite" in the legal text, it is important to remember that this does not imply absoluteness. Alimony automatically ceases upon the recipient's remarriage, the death of one of the parties, or the recipient's cohabitation as if married without actually being married. Furthermore, if the recipient's state of poverty ceases (for example, through employment or inheritance), the alimony can be terminated through a lawsuit filed by the other party.

Alimony law is directly linked to the parties' assets and personal living standards. Income documents, expense statements, and witness testimonies submitted to the court were vital in determining the amount of alimony

Child Support:

Child's Needs and Parents' Income Level

After a divorce, the obligation of the parent who is not granted custody to contribute to the child's expenses is defined in our legal system "child support ." Child support is a type of alimony that is directly related to the best interests of the child and is strictly personal. Its most fundamental difference from spousal support is that the fault of one spouse is irrelevant; the only determining criteria here are the child's needs and the parents' ability to pay.

The Purpose and Scope of Child Support

The primary purpose of child support is to ensure that the child's standard of living, enjoyed during the marriage, is maintained even after divorce. This support covers not only basic needs such as housing and food, but also all expenses related to education, healthcare, clothing, social activities, and the child's development.

Court's Decision-Making Criteria

When determining the amount of child support, the judge considers the following factors in a balanced manner:

• Child's Needs: Factors such as the child's age, education (private school, courses, foreign language training, etc.), and health status constitute the expense items. The child's standards are determined according to the standard of living they enjoy during the marriage.
• Parents' Income Status: The parties' salaries, rental income, real estate ownership, and all other sources of income are taken into consideration. Alimony should not severely impair the payer's standard of living but should also meet the child's needs.
• Contribution of Care and Effort: The spouse with custody already contributes to the child's care by personally engaging in it (investing time and effort). Child support is intended to share this burden with the other spouse. Therefore, it is not just about monetary payments, but about sharing parental responsibility.

Duration of Child Support Payments

Child support payments, as a rule, continue until the child adulthood (18 years of age) . However, if the child is still pursuing education (such as university education), the child support obligation does not automatically cease. In this case, the child can apply to the court for "support alimony" themselves.

Furthermore, child support payments automatically terminate in situations such as the adoption of the child or the death of the child.

Is it possible to waive the right to child support?

A frequently asked question in practice is, "Can the spouse granted custody waive their right to child support?" Child support is a right of the child. The spouse granted custody cannot waive this right on behalf of the child. Even if the parties state "we do not want child support," the court may, on its own initiative (ex officio), order child support or determine its amount in order to protect the child's best interests.

Child Support Adjustments According to Changing Circumstances

A child's needs increase over time. Increased school expenses, unexpected health issues, or economic factors like inflation can make the initially determined child support payment insufficient. In this case, a "child support increase lawsuit" can be filed to update the amount according to the changing circumstances. Similarly, if the payer experiences a significant decline in their economic situation (unemployment, serious illness, etc.), it is possible to file a lawsuit to reduce child support payments.

Child support payments are a guarantee of a child's future after divorce. Documents submitted to the court regarding the child's education expenses, such as school fees, healthcare costs, and course invoices, are the most important sources of evidence in determining the correct amount of child support.

Alimony Termination or Reduction Case

Alimony decisions are established according to the conditions at the time they are given; however, the economic situations of the parties, the status of their marriage, or the needs of the child may change over time. The Turkish Civil Code has opened legal avenues for increasing, decreasing, or completely terminating alimony to adapt to these changes.

Legal Basis for Modifying or Terminating Alimony

According to Article 176 of the Turkish Civil Code, alimony may be increased or decreased if the financial circumstances of the parties change or if equity so requires. Similarly, fundamental changes in the circumstances of the alimony obligor (payer) or recipient form the basis of a lawsuit for "termination of alimony.".

Alimony Termination Lawsuit (In Which Cases Can It Be Filed?)

Maintenance obligations generally terminate automatically upon the occurrence of certain events or are terminated through legal action:

• Remarriage: If the recipient of alimony remarries, the alimony automatically terminates without the need for any court order.
• Living as if Married: If the recipient of alimony lives with someone else as if they were married, without actually being married (not through infidelity, but through cohabitation), the court may terminate the alimony payments.
• Death: In the event of the death of one of the parties, all alimony obligations cease.
• Termination of Poverty: If the recipient of alimony acquires assets through inheritance, obtains a regular job, or experiences a significant improvement in their economic situation, the alimony may be terminated on the grounds that they are no longer "poverty."

Alimony Reduction Case

If the financial situation of the party paying alimony has seriously deteriorated since the date the alimony decision was made (for example, due to bankruptcy, unemployment, additional responsibilities due to a new marriage, or a serious health problem), a "alimony reduction lawsuit" can be filed.

The fundamental criterion here is "fairness." Alimony cannot be so burdensome as to make it impossible for the payer to meet their basic living needs. The judge compares the current income and expenditure statements of both parties and adjusts the alimony amount to reflect the payer's new financial capacity.

How does the process work?

1. Filing a Lawsuit: To terminate or reduce alimony, proof of "changed circumstances" is required. For example, documents proving unemployment (such as social security records), medical reports, or proof of a new marriage must be submitted to the court.
2. Judge's Review: The court does not rely solely on the parties' statements; it thoroughly investigates the parties' assets, social and economic status (through law enforcement or institutional inquiries).
3. Decision and Implementation: If it is proven that the circumstances have changed, the judge will determine the new amount of alimony or decide to terminate it entirely. From the moment the decision becomes final, the previous alimony obligation ends and the new provision comes into effect.

Points to Consider

• Ordinary Changes Are Not Enough: Simply stating "I am struggling to make ends meet" is not enough to have alimony reduced or terminated. A "significant and permanent change" in financial circumstances since the date the decision was made is required.
• Burden of Proof: The alimony payer must provide clear evidence (payslips, debt statements, etc.) explaining why alimony payments are no longer possible or should be reduced.
• No Retroactive Effect: Decisions to terminate or reduce alimony payments take effect from the date the lawsuit is filed. Alimony debts accumulated before the lawsuit are not affected by this decision and must be paid.

The termination or reduction of alimony is a process of restoring economic balance between the parties. The law does not tolerate either the alimony recipient being driven into poverty or the alimony payer being left completely destitute.

Collection of Alimony Claims: Enforcement Procedures and Legal Consequences of Non-Payment

Alimony is not considered a "common debt" under the law; it is regarded as a primary and sacred debt that ensures the livelihood of the family. Therefore, our legal system has foreseen a much faster and more effective enforcement process than the classic debt-credit relationship to protect the alimony creditor. Non-payment of alimony is seen not only as a property dispute but also as a "breach" that puts the individual in a difficult position.

Enforcement Proceedings for Alimony Claims: An Example of an Enforcement Proceeding Without a Court Judgment

If alimony is not paid, the alimony recipient can initiate "enforcement proceedings based on a court order." Here, "order" refers to the court's decision regarding alimony. Since a court order is a document, the creditor can directly apply to the enforcement office to initiate enforcement proceedings against the debtor.

• Priority Right: Alimony payments are classified as "priority claims" when it comes to garnishing a debtor's salary or income. In fact, more than a quarter of a person's salary (and up to their entire salary if it's for alimony) can be garnished.
• Collection through Seizure: Alimony payments can be collected by placing a lien on the debtor's bank accounts, movable or immovable property, rental income, or other receivables.

Criminal Sanction for Non-Payment of Alimony: Coercive Imprisonment

In Turkish law, the most deterrent mechanism for non-payment of alimony is "Coercive Imprisonment" (Article 344 of the Enforcement and Bankruptcy Law). The alimony creditor has the right to file a complaint directly with the Public Prosecutor's Office if alimony is not paid.

1. Condition for Filing a Complaint: The alimony debtor must have failed to pay at least one month's worth of the alimony determined by the court
2. Sanction: Upon complaint, the Enforcement Criminal Court may order up to three months of coercive imprisonment against the alimony debtor
3. Release Condition: This punishment is in the nature of "disciplinary imprisonment." The execution of the sentence is immediately suspended and the debtor is released from prison as soon as they pay the entire alimony debt (accumulated debts). Therefore, this punishment is aimed more at "pressuring" (compelling) the debtor to pay, rather than punishing them.

Statute of Limitations in the Collection of Alimony Claims

Alimony claims are not subject to the general statute of limitations for debts. The statute of limitations for alimony claims is 10 years. This means that the alimony creditor can demand accumulated alimony payments from the past 10 years through enforcement proceedings. However, it should be remembered that alimony is paid "monthly"; therefore, each monthly alimony payment is subject to the statute of limitations from its due date (payment date).

Defense of the Alimony Debtor

The debtor cannot escape these enforcement proceedings by claiming "lack of ability to pay." Because alimony is a legal obligation, and even if they prove they lack the ability to pay, the debt does not disappear. However, as mentioned above, the debtor can file a lawsuit to reduce or terminate alimony payments, thereby readjusting future payment amounts. But this legal process does not erase past and accumulated alimony debts.

Legal Strategy: Process Management

If you are a child support recipient, initiating enforcement proceedings in the first month of a payment delay will prevent your receivables from accumulating and becoming unmanageable. If you are a child support payer, immediately reporting any changes in your financial situation through legal means (litigation) will help you manage potential enforcement proceedings and complaints that carry the risk of imprisonment.

Alimony is not merely a matter of figures stated in a court decision; it represents one party's right to life and the other party's responsibility. Enforcement and criminal law mechanisms are among the strongest protective shields in society to ensure this responsibility is not neglected.