Child Support, Alimony and More: Details of Types of Alimony
During or after the divorce process, alimony obligations arise to ensure economic balance between the parties. Alimony is a legal payment given to support the party in a difficult situation economically. In this article, we will explain the most common types of alimony and their details.
1. Child Support (Participation Alimony)
Definition: A type of alimony paid by the parent who does not have custody to cover the child’s care and education expenses after divorce.
Conditions: Determined by the court considering the child’s basic needs. Continues until the child reaches adulthood.
Example: Alimony paid by the father to the mother who has custody to cover the child’s education, health expenses and other expenses after divorce.
Payment Method: Paid monthly in line with the child’s needs and the parent’s income status. The amount can be arranged according to the income status of the parties.
2. Poverty Alimony
Definition: It is the alimony given to the spouse who is at risk of falling into poverty due to divorce, in line with the financial situation of the other spouse.
Conditions: The spouse requesting alimony must be less at fault in the divorce. Poverty alimony is usually indefinite and continues unless the financial situations of the parties change.
Example: The financial assistance that a woman who has continued her life as a housewife receives from her ex-husband so that she does not experience financial difficulties after the divorce.
Payment Method: It is paid regularly every month. The amount of alimony is determined according to the financial situation of the person receiving the alimony and the financial strength of the person providing the alimony.
3. Precautionary Alimony
Definition: It is a type of alimony that allows the party in financial difficulty to receive temporary economic support during the divorce case.
Conditions: It can be requested to provide temporary economic support while the divorce case is ongoing. It is valid until the divorce case is concluded.
Example: A spouse who is unemployed during the divorce process receives financial assistance from the other spouse until the case is concluded.
Payment Method: Paid monthly for a period determined by the court decision. It ends when a divorce decision is made or can be converted to poverty alimony.
4. Support Alimony
Definition: It is the alimony that financially well-off family members are obliged to pay to support family members who are experiencing economic difficulties.
Conditions: It is paid by other family members to individuals who are having financial difficulties within the family. The amount of alimony is determined by taking into account the financial situation of the person who is providing the alimony.
Example: An elderly and needy parent requests alimony from their children in case of financial difficulties.
Payment Method: Paid regularly according to the court decision. The amount and duration of alimony are determined according to need.
5. Indefinite and Temporary Alimony
Indefinite Alimony: Poverty alimony is generally indefinite and continues as long as there is no serious change in the financial situation of the parties. It ends when the person receiving the alimony gets married or becomes financially self-sufficient.
Temporary Alimony: In some cases, it may be decided that alimony will be paid for a certain period of time. For example, if it is anticipated that the person who will receive alimony will be able to improve their financial situation after a certain period of time, a temporary alimony decision will be made.
6. Increasing, Reducing or Removing Alimony
Conditions: When there are serious changes in the financial situation of the party paying or receiving alimony, an application can be made to the court to increase, reduce or remove the alimony amount.
Example: If the financial situation of the party receiving alimony improves or finds a job, an application can be made to reduce or remove the alimony. In addition, if the economic situation of the person paying alimony worsens, a request can be made to reduce the alimony.
Alimony Payments and Enforcement Proceedings
In case of delay or non-payment in alimony payments, the alimony creditor may initiate enforcement proceedings. As a result of the enforcement proceedings, the assets of the party who does not pay alimony may be seized or their wages may be garnished. Therefore, it is important to be sensitive about alimony payments.
Types of alimony create financial obligations between the parties to ensure economic balance during or after the divorce process. The courts determine the economic situation of the party requesting alimony, the financial strength of the other party, and the nature of the alimony type. Being regular and meticulous in alimony payments is very important for the healthy functioning of the legal process.