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WHAT ARE THE TYPES OF ALIMONY?
Alimony is defined as all the things necessary for a living. There has been an application in our alimony law for a long time, and four types of alimony are regulated in the Turkish Civil Code. These; measure alimony, participation alimony, poverty alimony and assistance alimony. Precautionary alimony is the alimony ordered before or after the divorce case to ensure the livelihood of the spouse’s children. On the other hand, alimony is the alimony ordered in order to ensure that the spouse, who does not take custody of the child at the end of the divorce case, contributes to the maintenance of the child. Poverty alimony is not related to the livelihood of the child, but is the alimony ordered to be paid by the other spouse in favor of the spouse who will fall into poverty as a result of the divorce case. Aid alimony, on the other hand, is the type of alimony paid to the descendants or superiors, who will fall into poverty if they are not helped and have nothing to do with the divorce case.
The subject that will be focused on in this article is the types of alimony paid to provide for the children. According to this, it is possible to make a distinction and classify them into four groups according to whether the child is adult or not and whether the spouses have divorced or not.
TYPES OF ALIMONY
1- Support Alimony for the Adult Child
Normally, the alimony obligation is until the child reaches adulthood. However, if the child still continues his school life despite being an adult, alimony can be requested for the adult child, since the parents also continue to care. This alimony is based on the fact that the child cannot earn his own living due to the continuation of his education and the education expenses must be covered.
If the child is an adult and continues his education while the participation alimony paid to the child at the end of the divorce case continues, the alimony will not automatically turn into alimony. A separate lawsuit must be filed in order to be awarded alimony. Alimony can be requested by the child who continues his/her education by filing a lawsuit against his/her parents. We can explain the reason for this as the adult child has full legal capacity and does not have any custody rights. For an adult child, alimony may be waived not automatically after the child completes his/her education, but upon the request of the alimony liable mother or father, with a lawsuit, for the abolition of the alimony to be opened.
2- Child Support for a Minor Child
After the divorce case is finalized, it is the type of alimony given for the child and is ruled against the parent who does not receive custody. Since the alimony is related to the public order, the court may automatically decide on the alimony, even if the party receiving the right of custody in the divorce case does not demand it. Apart from this, a separate lawsuit may be filed and the child support may be requested. Affiliate alimony must be paid in the same amount each month, unless there is a provision to the contrary. While deciding on alimony, the fee is determined by considering the age of the child, education, and the social and economic status of the parents. In the future, if the needs of the child change, it is possible to increase or decrease the amount of child support through litigation. In addition, in case of non-payment of alimony, collection can be made by compulsory execution. Child support ends in the event of a court decision, the child’s adulthood, the change of custody, the death of the child or the child support payer.
3-Separate Life Measure Alimony for a Minor Child
It is the type of alimony that the spouse who takes the joint children of the spouses who started to live separately before the divorce case can be demanded from the other spouse. It is also defined as the payment made by one of the spouses for the livelihood of the other spouse, or the care and protection of the child, while the obligation of assistance and care continues. The court decides on the temporary alimony ex officio. While the divorce case is continuing, the temporary alimony continues until the case is concluded, and at the end of the case, it is decided whether it will continue as participation or poverty alimony.
4- Temporary Alimony for Living Together for a Minor Child
This is the type of alimony that can be demanded due to the fact that the spouses do not fulfill their financial obligations even though they live together.
5- Temporary Temporary Alimony for a Minor Child
It is the type of alimony that can be requested for the joint child while the divorce continues. Since the interim injunction is also related to public order, it is investigated and adjudicated ex officio by the court.
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- 1 WHAT ARE THE TYPES OF ALIMONY?