Alimony Increase Lawsuit
Alimony Increase Lawsuit; Decisions regarding alimony in divorce cases do not constitute a final judgment. The purpose of an alimony increase lawsuit is to increase the alimony due to developments in the economic situation of the parties or new emerging needs. An increase in alimony may be necessary due to developments in the economic situation of the parties or new emerging needs. The alimony creditor must file a lawsuit stating the request for increase and the reasons. In this case, an increase in alimony can only be made by court decision.
Alimony increase lawsuit is applicable to all types of alimony. For this lawsuit to be filed, there must be a change in the financial circumstances of the parties. The judge will determine the change in the financial circumstances of the alimony creditor and make a decision considering the element of equity.
For What Reasons Can an Alimony Increase Lawsuit be Filed?
- Child support alimony, when the alimony is no longer sufficient due to changes in the child’s needs related to education or growth,
- If the alimony debtor’s income has increased compared to the period when the alimony was granted, or if their financial strength has changed positively,
- If the alimony creditor’s standard of living has decreased compared to the period when the alimony was granted,
- If the alimony has lost value or become insufficient due to changes in inflation.
In the presence of at least one of these conditions, the alimony creditor can request an alimony increase from the court. However, the person requesting the alimony increase must clearly present the reason and justification for the increase request to the court.
How is the Alimony Increase Determined?
The amount of alimony increase is determined by the courts in line with Supreme Court decisions, based on the Producer Price Index (PPI) rate announced by the Turkish Statistical Institute. However, these rates are not fixed increase rates. An alimony increase decision can be made above this rate depending on possible changes in economic conditions.
The amount of alimony is determined based on the needs of the spouse or mutual child requesting alimony, taking into account the social and economic conditions of the parties. However, it is undoubted that the conditions affecting the determination of alimony may change over time.
How is the Alimony Increase Determined
Can an Increase in Alimony Agreed upon in an Uncontested Divorce be Requested?
In an uncontested divorce, the parties must have reached a full agreement on the consequences of the divorce. Therefore, in the case of an uncontested divorce, the parties have also agreed on the amount of child support and spousal support. However, an increase in the alimony amount agreed upon by the spouses can be requested if the above-mentioned conditions exist, and their uncontested divorce does not prevent this. For more detailed information, you can learn through a divorce lawyer.
Is there a Statute of Limitations or Deadline for Filing an Alimony Increase Lawsuit?
There is no statute of limitations or deadline for requesting an alimony increase. As long as the alimony continues, the alimony creditor can always file an alimony increase lawsuit in the presence of changing conditions and justified reasons. An alimony increase lawsuit can be filed if the positive or negative change in the economic situation of the alimony debtor or creditor is not valid for a period, but the change is continuous.
Which Court Has Jurisdiction for an Alimony Increase Lawsuit?
An alimony increase lawsuit is filed in the Family Court within the scope of Family law. In places where there is no Family Court, the Civil Court of First Instance will hear the case in the capacity of a Family Court.
This blog post has been written to provide general information, and for more detailed information about Alimony Increase Lawsuit, you can contact our Gürbüz Law+ Partners team.
Alimony Increase Lawsuit
