"When is Alimony (Poverty Support) Abolished?"

TO THE DUTY FAMILY COURT
…………..

PLAINTIFF:
Name and Surname – (Turkish Republic Identity Number: …) – Address

ATTORNEY:
Attorney's Name and Surname – Address

DEFENDANT:
Name and Surname – Address

SUBJECT:
Request for a decision to terminate alimony payments.

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EXPLANATIONS:

1. Divorce Decree and Alimony Order:
   My client and the defendant the decision of the … Family Court, case number …/…, decision number …/…, dated …/…/… . The decision was finalized by the Supreme Court's 2nd Civil Chamber's affirmation order dated …/…/…, case number …/…, decision number …/…. According to the divorce decree, the defendant monthly alimony of … TL . My client has been paying this alimony regularly since the date the decision became final.

2. Cessation of the Defendant's Institution:
   Article 176 of the Turkish Civil Code , if the creditor's institution ceases to be institutional, the court may order the termination of alimony payments.

The defendant graduated from the Faculty of Education at … University after the divorce and started working as a permanent teacher at a school affiliated with the … Provincial Directorate of National Education. The defendant currently has a regular salary that can be considered equivalent to the client's income and is able to meet all her needs under social security coverage. Therefore, the defendant's poverty situation has been completely eliminated.

3. Supreme Court Jurisprudence:
   In the decision of the 2nd Civil Chamber of the Supreme Court of Appeals numbered 2018/3456 E., 2019/4721 K.;

"Alimony is a payment awarded in favor of a spouse who falls into poverty due to divorce. If the alimony recipient has a regular and sufficient income, it is considered that the poverty has ceased, and a decision is made to terminate the alimony."

In light of this precedent, an examination of the defendant's current economic circumstances does not yield results in a statement that poverty persists.

4. Living as if married and income situation:
   Investigations conducted by the client revealed that the defendant lives with a person named …, shares common expenses, and maintains a household life with them. Article 176 of the Turkish Civil Code , alimony can be terminated even if the creditor is living as if married. Our witnesses and social media posts will be presented as evidence in this regard.

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EVIDENCE:

1. ...Divorce decree of the Family Court, case number .../..., decision number .../..

2. The Supreme Court's 2nd Civil Chamber's confirmation ruling,

3. Request for the document regarding the defendant's salary information from the Provincial Directorate of National Education,

4. … Enforcement Directorate’s enforcement file numbered …/…

5. Witness statements, social media posts,

6. Supreme Court 2nd Civil Chamber's ruling numbered 2018/3456 E., 2019/4721 K.,

7. Other legal evidence.

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LEGAL GROUNDS:

Turkish Civil Code Articles 175, 176, 331 and other relevant legislation.

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CONCLUSION AND REQUEST:

For the reasons stated above, and other reasons that may be considered ex officio;

• The court ruled to completely abolish the alimony awarded in favor of the defendant

• The court costs and attorney's fees shall be borne by the defendant

I respectfully request and demand that a decision be made.

… / … / …
Plaintiff's Attorney
Name and Surname
Signature

                                                   YAĞMUR YORULMAZ, LAW FACULTY STUDENT