What is an Alimony Increase Lawsuit in Turkish Law?

Child’s Alimony Increase Lawsuit

A child’s alimony increase lawsuit is usually filed to increase child support. According to Article 182 of the Turkish Civil Code, the spouse who is not granted custody is obliged to contribute to the child’s care and education expenses to the extent of their ability. An increase in alimony can be requested in cases such as an increase in the child’s needs, rise in education costs, or emergence of health expenses. The judge is obliged to make a decision considering the best interests of the child. Additionally, an improvement in the financial situation of the parent obliged to pay alimony can also be a reason for an increase. However, there is no statute of limitations for child alimony; an increase lawsuit can be filed at any time until the child reaches maturity.

Is Amendment Possible in an Alimony Increase Lawsuit?

Amendment is possible in an alimony increase lawsuit. According to Article 176 of the Code of Civil Procedure, parties can change their claims and defenses completely or partially through amendment, but only once. In an alimony increase lawsuit, the plaintiff can increase the requested alimony amount through amendment. However, the amendment must be made within the response period or at the first hearing. There are some limitations on using the right to amend. For example, amendment cannot be made after the investigation phase is over. Also, damages incurred by the opposing party due to the amendment may need to be compensated. Finally, once the right to amend has been used, it cannot be used again in the same lawsuit.

What does the judge ask in an alimony increase lawsuit?

In an alimony increase lawsuit, the judge asks various questions to understand the changes in the economic and social situations of the parties. First, they request information about changes in the income status, job situation, and living conditions of the alimony creditor. Additionally, they inquire about improvements in the financial situation of the alimony debtor, new job opportunities, or additional sources of income. As per Article 4 of the Turkish Civil Code, the judge is obliged to make a decision according to law and equity, so they want to learn the current situation of both parties in detail. In addition, if there are special needs such as the education status of children or health expenses, they also ask questions about these.

By what percentage does alimony increase each year?

There is no general rule that alimony will automatically increase by a certain percentage each year. However, parties can agree in the consensual divorce protocol or court decision that the alimony will be increased by a certain percentage each year. Generally, increases can be made based on the Consumer Price Index (CPI) or Domestic Producer Price Index (D-PPI) rates announced by the Turkish Statistical Institute (TUIK). For example, a provision can be included stating, “An increase will be made each year at the rate of CPI announced by TUIK.” However, if there is no such provision, a separate lawsuit needs to be filed to increase the alimony amount.

Does child support increase every year?

Child support (participation alimony) does not automatically increase every year. However, if it is stated in the divorce decree or in the agreement of the parties that an increase will be made at a certain rate each year, then an automatic increase occurs. According to Article 182, paragraph 3 of the Turkish Civil Code, the judge may, upon request, decide on the amount of alimony to be paid in future years according to the social and economic situations of the parties, if the alimony is decided to be paid as an annuity. Under this provision, it can be decided to increase child support by a certain rate each year.

Does alimony increase every year in consensual divorce?

In consensual divorce, whether alimony increases every year depends on the consensual divorce protocol prepared by the parties. If it is written in the protocol that the alimony will be increased each year by a certain rate or linked to an index, this provision becomes valid and the alimony increases automatically. For example, a clause can be added stating, “Child support will be increased each year at the rate of CPI announced by TUIK.” However, if there is no such provision, a separate lawsuit will need to be filed to increase the alimony amount.

 

Alimony Increase Lawsuit Petition

To file this lawsuit, first, a petition must be prepared and submitted to the court. In the petition, it should be clearly stated that an alimony increase is requested based on Article 176 of the Turkish Civil Code (Article 183 for child support). Additionally, the reasons for the increase should be explained in detail and the new requested alimony amount should be clearly expressed.

An alimony increase lawsuit petition should contain certain elements. The petition should first include the identity information, addresses of the plaintiff and defendant, and if any, the information of their representatives. Then, the subject of the lawsuit is explained and the date and number of the previous alimony decision are stated. In the petition, the reasons necessitating the alimony increase (such as changes in economic conditions, increase in needs) should be explained in detail. Also, evidence supporting your claims should be listed in the petition. Finally, the request for the litigation expenses and attorney’s fee to be imposed on the opposing party should also be included in the petition.

 

Sample Petition for Alimony Increase Case in Turkish

You can download it in PDF format.

---

 

---

Alimony Increase Lawsuit Fee

The alimony increase lawsuit fee is calculated based on the value of the case. According to the Law on Fees in Turkey, in alimony lawsuits, a proportional fee is charged on the 1-year alimony increase amount. Proportional fee means a type of fee calculated proportionally on the amount requested in a lawsuit or legal transaction. For example, let’s assume that the plaintiff, who receives 3000 TL alimony, requests the alimony amount to be increased by 4000 TL to 7000 TL. In this case, if we multiply the increased amount of 4000 TL by 12, we get 48,000 TL. When we make a calculation based on the proportional fee to be paid on this amount;

Application Fee: 427.6 TL
File Expense: 22.1 TL
Advance Fee: 819.720 TL
Notification Expense: 435 TL
Power of Attorney Copy Fee: 60.8 TL (If any)
Expert Fee: 1460 TL (If any)
Survey Expense: 3280.3 TL (If any)
Witness Expense: 441 TL (If any)
Other Works and Transactions: 250 TL
—————————
Total: 7196.52 TL is obtained. If the case does not include a lawyer, expert, survey, and witness, the case fee to be paid is 1954.42 TL.

How Much is the Attorney Fee for an Alimony Increase Lawsuit?

If the alimony increase lawsuit is followed by an attorney, the attorney fee will also be added to the case fee. According to the Minimum Attorney Fee Tariff, which is renewed every year, the minimum attorney fee for alimony lawsuits is 17,900 TL for 2024 in Turkey.

 

Who pays the attorney fee in an alimony increase lawsuit?

In an alimony increase lawsuit, as a rule, the losing party pays the attorney fee. According to Article 326 of the Code of Civil Procedure, the losing party pays the litigation expenses. The attorney fee is also counted among the litigation expenses. If the case is partially accepted and partially rejected, the attorney fee is shared between the parties. For example, if the plaintiff requested an increase of 1000 TL and the court ruled for an increase of 600 TL, the defendant pays 60% of the attorney fee and the plaintiff pays 40%. However, according to Article 333 of the Code of Civil Procedure, if equity requires, the judge may decide to impose all or part of the litigation expenses on one of the parties. Therefore, depending on the specific circumstances of each case, who will be charged with the attorney fee may vary.

Does alimony increase every year in consensual divorce?

In consensual divorce, whether alimony increases every year depends on the consensual divorce protocol prepared by the parties. If it is written in the protocol that the alimony will be increased each year by a certain rate or linked to an index (such as PPI, CPI), this provision becomes valid and the alimony increases automatically. According to Article 184 of the Turkish Civil Code, the divorce protocol becomes binding after it is approved by the judge. For example, if there is a clause in the protocol stating “Child support will be increased each year at the rate of CPI announced by TUIK”, this provision is applied. However, if there is no such provision, a separate lawsuit will need to be filed to increase the alimony amount. Therefore, in the consensual divorce process, clearly stating how the alimony will be increased is important to prevent potential disputes in the future.

Rejection of Alimony Increase Lawsuit

An alimony increase lawsuit may be rejected in some cases. The judge may think that there has not been a significant change in the situations of the parties. According to the Turkish Civil Code, the judge must act according to equity. Therefore, when a just cause is not presented, the case is rejected. But the alimony creditor can file a lawsuit again if conditions change in the future. Repeated and shortly rejected lawsuits may be considered malicious. However, such lawsuits can prolong the judicial process and cause unnecessary resource consumption.

How Long Does an Alimony Increase Lawsuit Take?

According to Article 320 of the Code of Civil Procedure, an alimony increase lawsuit is subject to simple trial procedure in the Turkish Legal System. In this case, the lawsuit is expected to be concluded in a few hearings. In practice, it is observed that the number of hearings in an alimony increase lawsuit generally varies between 2 and 4. In terms of duration, alimony increase lawsuits can typically be decided within 4 to 8 months on average.

 

For more help or consultation on this matter, you can contact us.