Alimony is the money agreed upon to be paid in bulk or monthly to the party who will fall into poverty among the parties going through or already divorced, as well as for the parties’ common children.
In our legal system, there are four types of alimony:
- Alimony for Poverty
- Alimony for Participation
- Alimony as a Precautionary Measure
- Assistance Alimony
The necessary information regarding these types of alimony is explained in detail in our article titled “Alimony,” where you can read it to gain knowledge.
Article 176 of the Turkish Civil Code states, “In cases where the parties’ financial situation changes or fairness requires, the decision to increase or decrease the alimony can be made.” As can be understood from the mentioned provision, the increase of alimony can be decided in certain circumstances. However, the increase of alimony is not limited to the reasons specified in the quoted provision.
To request an increase in alimony, one or more of the following conditions must be met:
- Positive change in the economic conditions of the person obligated to pay alimony.
- Deterioration in the economic situation of the person for whom alimony has been awarded, compared to the date when alimony was awarded.
- Insufficiency of the alimony amount to cover the living expenses of the alimony recipient due to increasing living costs in the normal course of life.
- Decrease in purchasing power due to the depreciation of money within the framework of changing economic conditions (inflation).
- Even if there is no extraordinary change in the parties’ economic conditions and the general economic order, the Court of Cassation states in its decisions that the alimony amount should be increased according to the Producer Price Index (PPI) or Consumer Price Index (CPI) announced by the Turkish Statistical Institute (TÜİK).
HOW IS THE INCREASE IN ALIMONY AMOUNT DETERMINED?
The judge has a significant discretion in determining the increase in the alimony amount. The judge writes official letters to the relevant institutions regarding the economic conditions of the parties involved in the ongoing case and tries to determine their economic situation. Then, the judge examines the evidence regarding the claims of improvement or deterioration in the parties’ economic situation and decides on the extent to which the alimony amount should be increased based on the determination of whether the current alimony amount is sufficient for the alimony recipient. It is advisable to present evidence of the increased expenses of the alimony recipient (such as school expenses, medical expenses, necessary education for the child’s development, etc.) related to the claim that the alimony amount is insufficient in the current case.
WHEN CAN I FILE A MOTION FOR INCREASING ALIMONY?
For individuals who have been ordered to pay alimony, the question of how much time must elapse since the date of the alimony award to request an increase in alimony may arise. As understood from the decisions of the Court of Cassation, there is no requirement for a specific period to pass to request an increase in alimony. If one of the reasons requiring an increase in alimony has occurred, the alimony recipient can request an increase at any time.
IF THE AMOUNT OF ALIMONY HAS BEEN DETERMINED BY AGREEMENT IN A DIVORCE CASE, CAN I REQUEST AN INCREASE IN THAT AMOUNT?
In divorce cases, the parties can agree on the amount of alimony to be paid through a signed protocol. However, even if an amount has been agreed upon, as mentioned in the reasons for an increase, if there are changes in the parties’ economic conditions, it is possible to request an increase in the alimony amount that has been agreed upon and ruled by the judge.
IF THE COURT DECIDES TO INCREASE THE ALIMONY IN AN ALIMONY INCREASE CASE, FROM WHICH DATE WILL THE INCREASE BE APPLIED?
If we assume that a favorable alimony increase decision has been made in an alimony increase case, this decision will be applied to the alimony amount that should have been paid at the time the case was filed and the ongoing months. Therefore, even if alimony payments have been made from the date of filing the case until the date of its conclusion, the accumulated alimony arrears will be calculated based on the increase amount determined by the judge.
WHO CAN FILE A MOTION FOR INCREASING ALIMONY?
Individuals who have been ordered to pay alimony can request an increase in alimony. However, in the case of alimony awarded for the parties’ joint children, known as participation alimony, the person who can request an increase is the party with custody of the child, considering that the alimony recipient child is under the age of 18.
IN WHICH COURT SHOULD I FILE A MOTION FOR INCREASING ALIMONY?
Family courts have jurisdiction over alimony increase cases. The competent court is the court of the residence of the party obligated to pay alimony. Therefore, if the conditions are met, alimony increase cases should be filed in the family court located in the residence of the party obligated to pay alimony.