1. Criteria for Determining Alimony/Child Support

According to the decisions of the Supreme Court of Appeals and the provisions of the Turkish Civil Code (TMK), the fundamental criteria for determining the amount of alimony or child support are as follows:

General Principles and Legal Basis: According to TMK Art. 330, the amount of alimony/child support is determined by taking into account the child’s needs, the living conditions of the mother and father, and their ability to pay. When determining the amount of alimony/child support, the child’s income, if any, is also considered. Furthermore, the “principle of equity” emphasized in TMK Art. 4 is a fundamental guide in determining the amount of alimony/child support.

Child Support (Contribution Alimony): The spouse not granted custody is obliged to contribute to the child’s care and education expenses in proportion to their financial capacity (TMK Art. 182/2). The court establishes a balance between the child’s age, educational status, the purchasing power of money under current economic conditions, expenses such as housing, healthcare, recreation, and transportation, and the economic and social conditions of the mother and father. Expenses incurred by the custodial parent due to the responsibility and effort undertaken for this duty are also taken into account.

Alimony for Indigence: The party who would fall into indigence due to divorce may request indefinite alimony from the other party, proportionate to their financial capacity, provided that their fault is not more severe (Turkish Civil Code art. 175). Having an income at the minimum wage level does not prevent the entitlement to alimony for indigence; however, it is considered a factor in determining the amount of alimony.

Support Alimony: Everyone is obliged to pay alimony to their descendants, ascendants, and siblings who would fall into indigence if not supported (Turkish Civil Code art. 364). For adult children who continue their education, the parents’ duty of care also continues until the education ends (Turkish Civil Code art. 328/2).

Payment Method and Increase Rates: Alimony is generally paid monthly in advance and as an annuity (regular payment). Upon request, courts may decide to increase the alimony in future years at a certain rate in accordance with PPI, CPI, or equity. Lump-sum payments made during divorce are also taken into account in determining the amount of alimony to be awarded.

Change of Circumstances: In cases where the financial circumstances of the parties change or equity requires it, the judge may, upon request, redetermine, increase, decrease, or completely abolish the amount of alimony (Turkish Civil Code art. 331, art. 176/4).

2. Sanctions Applied in Case of Non-Payment of Alimony

In case of non-fulfillment of the alimony obligation, legal and criminal proceedings are initiated:

Enforcement Proceedings and Foreclosure Actions: If alimony is not paid, the creditor can initiate enforcement proceedings based on a court order. For accumulated alimony arrears and accrued interest, the debtor’s movable/immovable assets, bank accounts, and vehicles can be seized.

Salary Garnishment: It is possible to garnish the debtor’s retirement pension or salary. Pursuant to Article 83 of the Enforcement and Bankruptcy Law (EBL) and Article 93 of Law No. 5510, after the current monthly alimony is fully deducted from the debtor’s salary, at least one-fourth of the remaining portion of the salary is also deducted for accumulated alimony arrears.

Coercive Imprisonment (Disciplinary Imprisonment): Pursuant to Article 344 of the EBL, a debtor who fails to comply with alimony decisions, upon the creditor’s complaint, can be punished with coercive imprisonment for up to three months. If the debtor pays the debt during the execution of the imprisonment, they are released. There are examples in Supreme Court decisions of debtors who received coercive imprisonment for not being able to pay alimony, and although this did not result in a criminal record, they struggled to find work or were imprisoned.

Enforcement Denial Compensation: As a result of an action for annulment of objection to an alimony debt, enforcement denial compensation, not less than 20% of the amount ruled against the debtor, may be awarded.

Statute of Limitations: The statute of limitations for alimony receivables is considered to be 10 years backward from the date of enforcement.

3. Information Obtained from Secondary Sources

The information provided in this section of the report provides additional context in light of the limited data in the presented decisions:

Offsetting Payments: According to Court of Cassation rulings, which are secondary sources, for payments made through a bank, “even if there is no “alimony” explanation, if the payments are regular and match the alimony amount, these payments are deemed to be offset against the alimony debt as a matter of fairness.” However, payments made with specific explanations such as “school fees” cannot, as a rule, be offset against alimony debt.

Binding Nature of Protocols: Alimony obligations determined by a consensual divorce protocol cannot be easily altered by ordinary documents or release agreements privately arranged between the parties; as a rule, a lawsuit for alimony reduction must be filed in court to decrease alimony.

Procedure in Enforcement Proceedings: In enforcement proceedings initiated for the collection of alimony receivables, the debtor’s payment claims must be proven with notarized or admitted documents in accordance with Article 33 of the E.C.L. (Enforcement and Bankruptcy Law). Otherwise, enforcement procedures will continue.

Statute of Limitations Risk: In enforcement proceedings based on a court judgment, it is emphasized that the judgment must be enforced within 10 years from its finalization, otherwise, a defense of statute of limitations may be encountered. A paper suggestion.

Why is Expert Legal Support Necessary? | 2M Law Office – Istanbul Anatolian Side

Alimony disputes are not just a matter of monthly payments; they involve long-term financial consequences, enforcement and imprisonment risks, statute of limitations, and technical rules regarding set-off. An improperly initiated enforcement proceeding or a flawed defense can lead to serious loss of rights for either the debtor or the creditor.

In alimony disputes, especially those observed in the Istanbul, Anatolian Side, Tuzla, Pendik, Kartal, Aydınlı, Bayramoğlu, and Gebze regions; determining a strategy in accordance with Supreme Court precedents is of great importance.

Why is Expert Lawyer Support Important?

The determination of the alimony amount in accordance with law and equity,

The timely filing of lawsuits for alimony increase, reduction, or abolition,

The determination of whether paid amounts will be set off against alimony,

The prevention of risks associated with incorrect enforcement and contempt of court imprisonment,

The prevention of loss of rights regarding statute of limitations and enforcement procedures,

is only possible with the follow-up of a lawyer specializing in family law.

A Secure Alimony Process with 2M Law Firm

2M Law Office, based in Istanbul, provides effective and professional legal support in the Anatolian Side, Tuzla, Pendik, Kartal, Aydınlı, Bayramoğlu, and Gebze regions; in determining alimony, enforcement proceedings, contempt of court imprisonment processes, and alimony adjustment lawsuits. A wrong step taken in alimony disputes can lead to years of financial and legal problems. Expert legal support is vital to avoid loss of rights.