Alimony awarded in a divorce judgment does not have to continue unchanged forever once circumstances change. The Turkish Civil Code allows both poverty alimony and child support paid for children to be terminated or reduced under certain conditions.
Termination of poverty alimony
Poverty alimony ends automatically when the receiving party remarries. In that case there is no need to file a separate action, but the enforcement office handling the file must be notified so that payments can be stopped. If the receiving party lives as if married without formally marrying, is no longer in financial need, or leads a dishonorable life, the paying party may file an action for termination of alimony. Situations such as the receiving party obtaining a regular and sufficient income or acquiring assets through inheritance indicate that the financial need has ended.
Reduction of alimony
If the paying party's income decreases, they lose their job, become unable to work because of health problems, or their expenses increase because of a new marriage and children, a reduction of alimony may be requested instead of termination. The court compares the parties' current financial situations and sets a fair amount.
Child support
Child support paid for a child ends, as a rule, when the child reaches the age of majority. However, an adult child who is still in education may request support alimony. If custody changes, child support is also rearranged.
How is the action filed?
The action is filed at the family court in the place of residence of the alimony recipient. The petition must set out the specific grounds for termination or reduction, and evidence such as income documents, social security (SGK) records, a list of witnesses and social media records should be attached. An interim measure may be requested from the court to suspend payments during the action. Otherwise, the alimony debt keeps accruing and may become subject to enforcement proceedings.
For questions about requests to terminate, reduce or increase alimony, you can contact our firm.