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IN CASE OF NON-Payment of Alimony

It is regulated in Article 344 of the Execution and Bankruptcy Law that the alimony obligator will be sentenced to detention due to failure to pay alimony. Article text:

“The debtor, who does not fulfill the requirements of the decisions regarding alimony, is sentenced to imprisonment of up to three months upon the complaint of the creditor. If the necessity of the decision is fulfilled after the implementation of the imprisonment, the debtor is released.

If the debtor has filed a lawsuit for the abolition or reduction of the alimony, the enforcement of the detention may be left to the end of this case, taking into account the reasons she put forward.

However, there are some conditions for filing a criminal case in case of non-payment of alimony:

  1. There Must Be a Court Order Regarding Alimony: The court must have a judgment on the payment of alimony with a reasoned decision or interim decision.
  2. Enforcement Proceedings Started Regarding Alimony Must Be Finalized: Due to the alimony ordered by the court, enforcement proceedings must be initiated against the person liable to pay alimony and this proceeding initiated must be finalized. In the enforcement proceedings initiated for the collection of unpaid alimony, an enforcement order is sent to the debtor. If no objection is made within 7 days from the notification of the execution order, the follow-up becomes final.
  3. Reputation from Notification of Enforcement Order Reputation must be at least One Month Late: Initiated enforcement will be punished by alimony in the case of at least one month from the order of enforcement.
  4. Complaints about unpaid monthly alimony should be made within 3 months at the most: The specified 3-month period is a period of disqualification. E.g; Due to the unpaid child support of August, a lawsuit should be filed by November at the latest. If a lawsuit is filed in December, the lawsuit will be dismissed due to the loss of the right to complain.
  5. Complaint Can Be Made in Case of Non-Payment of Monthly Alimony: Monthly maintenance is a “priority debt” like public debt. However, the accumulated alimony is in the form of ordinary debt, and in case of non-payment, no penalty is imposed against the alimony debtor.

Upon the fulfillment of the above-mentioned conditions, a lawsuit is filed against the person who does not pay alimony with a petition to be filed with the Enforcement Criminal Court, and at the end of the lawsuit, the debtor is sentenced to imprisonment for up to 3 months.

In Which Situations No Penalty Is Taken?

There is no penalty if alimony is paid while the case is pending. In the event that the case is concluded and a prison sentence of up to 3 months is imposed, the prison sentence imposed against the debtor shall be lifted once the debtor pays. If the alimony debtor has filed a lawsuit for the purpose of reducing or removing the alimony, a decision can be made based on the outcome by waiting for the outcome of that lawsuit.

However, it should be noted that even if the debtor has been placed under a restraining order and has spent 3 months in prison, the maintenance follow-up continues and this debt is not erased.

Another important issue regarding alimony is that it is a “receivable in the first place”. According to Article 93 of the Social Security and General Health Insurance Law No. 5510, as a rule, the debtor’s consent is required for the pension to be seized, while the pension can be seized without seeking the consent of the debtor, since the maintenance is a “priority debt” like public receivables.

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