What Happens when Alimony is not Paid?
What Happens When Alimony Is Not Paid? Alimony literally means subsistence. In other words, it refers to the necessary expenses for the maintenance (food, care, and education expenses, etc.) of the alimony recipient. The Alimony Obligor refers to the person who is obligated to pay alimony in the court decision. The Alimony Recipient is the person in whose favor the court has decided to grant alimony. When ruling on temporary and child support alimony for children, it is generally specified as “for the child” or “to be used for the benefit of the children”, and it is decided to be paid to the spouse with custody rights by the alimony obligor.
In our Turkish Civil Code, Types of Alimony are regulated as four types: Temporary Alimony, Child Support Alimony, Poverty Alimony, Assistance Alimony.
The person who is the alimony debtor must fulfill their obligation to the alimony creditor. If they fail to do so, they may face enforcement proceedings and subsequently a complaint application in enforcement criminal court.
In Case of Non-Payment of Temporary Alimony
If the temporary alimony that should be paid during the lawsuit process is not paid, enforcement proceedings can be initiated by applying to the enforcement office with the certified court minutes. If payment still hasn’t been made, they can apply to the enforcement criminal court with a complaint request. The alimony creditor will request that the debtor be sentenced to up to three months of coercive imprisonment on the grounds that they have not fulfilled their alimony obligation.
If the temporary alimony that should be paid during the lawsuit process is not paid, enforcement proceedings can be initiated by applying to the enforcement office with the certified court minutes. If payment still hasn’t been made, they can apply to the enforcement criminal court with a complaint request. The alimony creditor will request that the debtor be sentenced to up to three months of coercive imprisonment on the grounds that they have not fulfilled their alimony obligation.
In Case of Non-Payment of Child Support or Poverty Alimony Debt
Enforcement proceedings with judgment can be initiated with the certified judgment. If payment still hasn’t been made after the enforcement proceedings, the same provisions apply here as well. The alimony debtor can be reported to the enforcement criminal court with a request for three months of coercive imprisonment.
General conditions for collecting alimony debt through enforcement proceedings:
- There must be a decision by the local court regarding the payment of alimony, and enforcement proceedings must be initiated based on this decision,
- The alimony debt must continue in terms of substantive law in the decision given regarding the alimony debt,
- The payment order must have been served to the alimony debtor in the enforcement proceedings opened for alimony,
- The enforcement proceedings must have become final after the legal period has passed since the notification.
How to Claim Accumulated Alimony Debt?
The alimony creditor has the right to claim accumulated alimony debt through enforcement. The alimony creditor can only claim accumulated alimony debts for the last 10 years. Poverty alimony can be claimed by the ex-spouse who is the alimony creditor. Child support alimony can be claimed by the adult child, or if the child is not an adult, by the parent who has custody rights.
Alimony Non-Payment Crime and Punishment
Alimony non-payment crime and alimony punishment are regulated in the Enforcement and Bankruptcy Law. Accordingly, a complaint should be filed within 3 months against the alimony debtor who does not pay their monthly alimony. For example, if the debtor who doesn’t pay January’s alimony still hasn’t paid by April at the latest, an application can be made. The application can be made for a maximum of 3 months of alimony retroactively.
The enforcement criminal court can decide on 3 months of coercive imprisonment for the debtor who does not pay alimony. If the execution of imprisonment has begun and the debtor has made the payment, they are immediately released.
If the debtor has filed a lawsuit for the removal or reduction of alimony, considering the reasons they have put forward, the application of coercive imprisonment may be left until the end of this lawsuit.
