ENTRANCE
Alimony regulations are central to family law practice: while intended to maintain economic
stability in divorce/separation cases, they consistently lead to disputes in practice regarding
timeframe, amount, and enforcement. Furthermore, periods of high inflation and demands
for standardization in judicial precedents make alimony cases both legally and socially
relevant.
1-) Types of Alimony and Legal Basis
Temporary Alimony:It is a type of alimony that is ordered to ensure the subsistence of any
spouse or minor children (children under the age of 18) before or after a divorce case is filed.
Child Support:It is the alimony that is ordered against the spouse who does not have custody of the child as a result of the
divorce case, to ensure that the spouse contributes to the child’s expenses.
Alimony:It is the alimony ruled in favor of the spouse who will become poor due to the end of the marriage with a divorce
decision, and against the other spouse.
Alimony Support:Support alimony has no connection to divorce or marriage. It is a type of alimony paid to
descendants, ascendants, and siblings who would otherwise fall into poverty if a person did not provide support.
2-) Authorized and Competent Court
The competent court for child support cases is;Whether alimony claims are part of a divorce case or not,
the Family Court hears these cases. In areas where there is no family court, these cases are heard by the
Civil Court of First Instance, acting as a Family Court.
The competent court is;If child support is requested as part of a divorce case, the Family Court is the jurisdiction
for that case. If child support is not requested as part of the divorce case but is requested in a separate case, the
competent court is the Family Court of the place of residence of one of the spouses or the place of residence of
the child in common.
3-) Statute of Limitations for Child Support
A lawsuit can be filed for child support or to increase child support at any time until the child reaches adulthood.
Child support can be claimed until the child reaches adulthood. However, alimony claims become statute-barred
after 10 years.
“Decrees regarding alimony are not like decrees stating the existence of a debt or a right, and since the alimony receivable
accrues to the debtor as time passes, it must be accepted that the alimony receivable accrued before ten years from the date of
the enforcement proceedings is barred by the statute of limitations.” (Court of Cassation 12th Civil Chamber, Decision No.
23.09.2019, 2019/9724 E., 2019/13231 K.)
4-) Determination of the Amount of Alimony
In regulating the personal relationship between a spouse who is not granted custody and a child, the child’s best interests,
particularly in terms of health, education, and moral values, shall be the primary consideration. This spouse must contribute to
the child’s care and education expenses to the extent of their means. The amount of alimony is determined by considering the
child’s needs, the living conditions of both parents, and their ability to pay. The child’s income is also taken into account in
determining the amount of alimony. Upon request, the judge may determine the amount of alimony, which is already decided
as an annuity, to be paid in the form of an annuity in future years, based on the social and economic circumstances of the
parties.
The amount of child support is determined in Article 330 of Law No. 4721, titled “Alimony Amount Determination,” which
states: “The amount of child support is determined by taking into account the child’s needs, the living conditions of the
parents, and their ability to pay. The child’s income is also taken into account in determining the amount of child
support. Child support is paid monthly in advance. Upon request, the judge may determine the amount of child support,
which is already decided to be paid in the form of an annuity, to be paid in the future years, based on the social and
economic circumstances of the parties.”- Income vs. lump sum payment:According to TMK Article 176, a decision can be made to pay alimony in lump sum or in the form of
annuity (monthly); the judge can determine in the decision how the alimony in the form of annuity will be increased in the future, if the
parties request it.
5-) Until When Is Child Support Paid?
The period until which child support payments must be made is stipulated in Article 328 of the Turkish Civil Code.
The parent’s obligation to care continues until the child reaches adulthood. If the child reaches adulthood and is
still studying, the parents are obligated to care for the child until the child’s education is completed, to the extent
that can be expected of them based on the circumstances. The parent’s duty to care for the child ends when the
child reaches adulthood. The child may continue studying even after reaching adulthood.
If the situation continues, he/she can file a lawsuit and request alimony.
6-) Temporary Alimony Attachment Period
In a temporary alimony case filed before the divorce case, the temporary alimony continues until the judge makes
a new decision.
The decision regarding the award of alimony can only be increased or decreased by the judge in case of change of
circumstances and upon an adaptation case filed by one of the spouses, or if the reason for requesting temporary alimony is no
longer valid, the temporary alimony can be completely abolished.
In adaptation cases involving a request to modify temporary alimony, the Family Court is the first court to make the decision. When
circumstances change, the judge, upon the request of one of the spouses, may make the necessary changes to the decision or, if the
reason for the change has ceased, may rescind the measure (TCC Article 200).
Temporary alimony awarded in a divorce case continues until the divorce decision is final. If circumstances
change during the divorce case, the judge may change the alimony amount upon the request of either
party. After the divorce case is final, temporary alimony may be either completely reduced or reduced.
is abolished or continues in the form of poverty and child support.
7-) Alimony Case
Alimony is a type of alimony that is granted to descendants, ascendants, and siblings who will fall into poverty, upon request, starting
from the date of the lawsuit. (TCC Art. 364)
The Supreme Court of Appeals, in its General Assembly precedents, has stated that those who lack sufficient income to meet the
necessary and essential expenses required to improve an individual’s material well-being, such as food, clothing, shelter, healthcare,
transportation, culture, and education, should be considered poor. Supportive alimony can be claimed by following the inheritance
order. While the alimony recipient has the right to request alimony from descendants, they cannot apply to their siblings with this
request.
The competent court for alimony is the court of the place of residence of one of the parties.
Upon request, the judge may decide on the amount of alimony to be paid in the form of income, depending
on the social and economic situations of the parties in the coming years. (TCC 365/5)
😎 What happens if child support is not paid?
If child support payments are not made, collection may be through forced execution. The legislature has introduced
several measures to facilitate the collection of child support payments.
Alimony receivables are listed among the first-tier receivables in the order of the debtor’s debts, as determined by the
Enforcement and Bankruptcy Law. Therefore, if the debtor’s movable or immovable property is sold through enforcement
proceedings, the alimony receivables are paid first from the sale proceeds.- Retirement pensions may be seized to collect alimony receivables.- If the salary of the alimony debtor is seized for the collection of the alimony receivable, the entire monthly alimony
amount is deducted from the salary.- Even if the alimony debtor’s salary has been previously garnished, the monthly alimony amount is deducted from the salary regardless of
previous garnishments.- If the alimony debtor does not pay the monthly alimony amount, upon the complaint of the alimony creditor, and if other conditions
are met, he/she may be sentenced to preventive imprisonment for up to 3 months in accordance with Article 344 of the EBL.
will be convicted.
9-) Increasing Alimony (increase case) — Legal Basis and Practical Approach
9.1 Legal basis
Increasing the amount of alimony is possible within the framework of the provisions of TMK Article 176/4 and Article 331
(change of situation): “In cases where the financial situations of the parties change or where equity requires, the income
may be decided to be increased or decreased.” and “in case of change of situation, the judge shall re-determine the
amount of alimony or abolish the alimony upon request.”
9.2 Supreme Court/HGK application — inflation/PPI approach
Court of Cassation precedents and decisions of the General Assembly of Civil Chambers have frequently emphasized
that courts should consider official indices such as the Producer Price Index (PPI) and Consumer Price Index (CPI)
(especially the PPI) in price increase cases. In practice, when evaluating a price increase request, courts consider both
the economic indicators (PPI/CPI) since the date of the previous decision and the parties’ current real circumstances.
These high court decisions have established the “PPI reference” in practice. However, judges may determine a different
rate of increase depending on the specific case; the established precedent of the Court of Cassation tends to be tied to
the PPI.
9.3 Evidence and burden of proof
The party requesting the increase (the alimony creditor) can prove increased needs, while the other party (the obligor) can
prove inability to pay. Documents include: pay stubs, bank records, rent/housing expenses, invoices/school records related to
children’s expenses, tax records, etc. Furthermore, Supreme Court decisions frequently emphasize the need to demonstrate
the parties’ “actual social and economic situations.”
10-) Conditions and precedents for reducing/abolishing alimony
General rule:According to the aforementioned provisions, alimony may be revoked in cases such as the recovery of the situation of the
creditor party, remarriage, or a dishonourable life; the judge may reduce the alimony in the event of a change in the financial situation
of the parties (TCC Article 176 and Article 331).
Supreme Court practice:There is precedent that courts should consider the concrete evidence and the
permanence of the change in requests for removal/reduction; permanent removal decisions should not be based
on temporary or short-term changes. Furthermore, the court will consider the existence of the amount that would
eliminate poverty as a result of the property regime liquidation.
11-) Execution and sanctions — what happens if alimony is not paid?
Enforcement proceedings:When the alimony decision becomes final, enforcement proceedings can be initiated for accumulated alimony; enforcement proceedings can also be
initiated for ongoing alimony.
Coercive imprisonment (forced imprisonment):According to Article 344 of the Enforcement and Bankruptcy Law No. 2004 (EBL), a debtor who
does not comply with an alimony decision may be sentenced to preventive imprisonment (alimony preventive imprisonment) for up to 3 months
upon the complaint of the creditor; in practice, the limits and conditions of preventive imprisonment are shaped according to case law (e.g., for a
retroactive debt of up to 3 months, etc.).
12-) Practical Matters to Consider- The index decision and the increase case are not separate:Even if the court had previously ruled that “the price will be increased
by the PPI rate each year”, the creditor can also file a lawsuit for an increase; the previous indexation decision does not prevent the
lawsuit for an increase, but the judge will take it into consideration. (Court of Appeals practices).- The debate on permanence:The “indefinite” wording of TMK Article 175 has been a subject of debate in practice;
discussions are intense about changes to legislation or practice in 2024–2025, as a result of academic and civil society
reports and political debates; however, (as of the date of this writing) permanent legal change has not yet been finalized
—attention should be paid to the process and proposals.- Evidence:In both increase and decrease cases, the court will request documentation of the current income-expense balance,
new employment/unemployment status, education/healthcare expenses, property division results, etc. Bank records, Social
Security Institution (SGK) records, tax returns (self-employed), lease agreements, invoices, and school records are essential
evidence.
13-) Current policy and reform discussion (2024–2025 notes)
Intense social and political debate continues regarding the implementation of “indefinite alimony” in the 2024–2025
period; civil society organizations have presented their approaches in reports, and representatives of the legislature and
the Ministry of Justice have discussed various reform proposals. According to statements by the Minister of Justice and
media reports in the summer of 2025 (around August 2025), new draft regulations/proposals on the subject are on the
agenda; however, the enactment of such changes is dependent on parliamentary processes—so practitioners are
obligated to keep abreast of the latest legislative developments.
CONCLUSION
Cases concerning the increase and decrease of alimony payments constitute an important and dynamic area of family
law, particularly due to changing economic conditions, inflation rates, and the financial circumstances of the parties
involved. In these cases, courts are obligated to strike a fair balance between the alimony payer’s ability to pay and the
alimony recipient’s needs.
However, in practice, the vagueness of the concept of “significant change” reduces the predictability of
court decisions, while decisions that cannot be appealed or differing precedents hinder the right to
seek legal remedies. While inflation-related indexation offers a solution, the limitations of these
methods remain unclear.
In the future, legal certainty should be increased in alimony cases through more consistent jurisprudence,
evaluations based on concrete criteria, and reasoned decisions; in particular, the principle of the child’s best
interests should be applied more clearly.
Alimony Cases – INCREASING Alimony – Alimony
MOST WONDERED ABOUT DROP
1-) What is an alimony case?
In case of divorce or separation, requesting financial support from the court to provide for the spouse or
child is called an alimony case.
2-) What types of alimony are there in Türkiye?
There are four types of alimony: temporary alimony, child support alimony, poverty alimony, and assistance
alimony.
3-) Which court has jurisdiction in alimony cases?
Family courts have jurisdiction. In areas where there is no family court, the Civil Court of First Instance
acts as a family court.
4-) How is the amount of alimony determined?
It is determined by taking into consideration the economic and social situations of the parties, their living standards, and the needs of
the child or spouse.
5-) What is the case for increasing alimony?
It is a lawsuit filed when the existing alimony becomes insufficient due to inflation, increased needs, or
an increase in the alimony payer’s income over time.
6-) What is the case of reducing alimony?
It is a lawsuit filed when the income of the alimony payer decreases, the economic power weakens, or the
needs of the alimony creditor decrease.
7-) What is the legal basis for alimony increase and decrease cases?
In accordance with Article 331 of the Turkish Civil Code, it is possible to re-adjust the alimony if the
financial situations of the parties change.
😎 Is a social investigation report required in alimony cases?
In disputes concerning the child’s best interests, a social investigation report is obtained. In spousal support disputes,
an investigation into the parties’ financial circumstances is generally conducted.
9-) What happens if alimony is not paid?
Enforcement proceedings may be initiated, and those who do not pay may be subject to preventive imprisonment (up to three months) in the criminal
enforcement court.
10-) Until when is alimony paid?
Participation allowance:Until the child reaches adulthood (18 years of age).
Alimony:Until the alimony creditor remarries, one of the parties dies, or the creditor is
relieved of poverty.
Alimony assistance:During the continuation of poverty.
11-) How long do alimony cases last?
Depending on the court’s workload, the average result is between 6 months and 1 year.
12-) When can a lawsuit be filed to increase alimony?
There is no specific time limit. A new lawsuit can be filed if the parties’ financial or living
conditions change.
13-) Are special expenses for the child taken into account when determining the amount of alimony?
Yes. Expenses such as education, healthcare, housing, and social activities directly affect the alimony amount.
14-) Is it possible to abolish alimony?
Yes. If the alimony recipient marries, one of the parties dies, or the alimony recipient is relieved of poverty,
the alimony will be completely terminated.
15-) What is the general approach of the Supreme Court regarding alimony?
The Supreme Court of Appeals constantly emphasizes that alimony must be determined fairly, within the framework of the “best
interests of the child” and the “financial strength of the spouses”, and that the current economic conditions must also be taken into
account.
ALIMONY CASES – INCREASES/REDUCTIONS
COURT OF APPEALS DECISIONS REGARDING THE CASE
1-) Court of Cassation 2nd Civil Chamber T. 13.12.2021, 2021/8556 E., 2021/9484 K.
(Determination of Child Support);
“…The child support amount determined is insufficient considering the current social and economic
circumstances of the parties, the nature of the alimony, and the needs of their children, Mutlu, born in 2004,
and…, born in 2016. The court should have ruled on a more appropriate alimony, taking into account the
principle of equity in Article 4 of the Turkish Civil Code. Making a written decision without considering this
aspect is contrary to procedure and law, and requires reversal…”
2-) Supreme Court of Appeals 2nd Civil Chamber T.02.06.2011, 2010/8242 E., 2011/9737 K. (Child
Support Can Be Requested at Every Stage of the Case);
“…Participation alimony is an accessory to divorce and can be requested verbally or in writing at any stage of the
divorce or separation case without requiring a fee. Even if there is no request, the judge must consider it on its own
initiative. Subsequently requesting child support despite not requesting it in the petition does not constitute an
extension of the case or the request itself; there is no need for amendment to request it or even to increase the existing
request. For the reasons explained, and considering that the party to whom the child was not entrusted in the event of
divorce or separation is obligated to contribute to the child’s care and education expenses according to their means
(TCC Article 182), the failure to award child support for the child, whose custody was awarded to the mother who
appealed, was unlawful and unlawful. The appealed decision is REVERSED for the reason explained in paragraph 2
above…”
3-) Decision of the 3rd Civil Chamber of the Supreme Court of Appeals, numbered 2016/7535
E. 2016/10920 K., dated 19.09.2016 (The parties may decide on the amount of alimony
through a contract they have made between themselves. Even in this case, a request to
reduce the amount of alimony may be made. However, requesting a reduction too soon
after the contract is made may constitute an abuse of right.)
“…Returning to the specific case, although it was determined that the defendant woman had started
working after the divorce decree became final and had an income above the minimum wage, it was
understood that the defendant woman had been working before and on the date of the parties’ mutually
agreed divorce, and despite this, the plaintiff agreed to pay alimony in accordance with the protocol
between the parties just to secure the divorce. Therefore, the issuance of a written judgment as a result of
an erroneous assessment, without considering the fact that the request in question would not be
compatible with the principles of good faith and fidelity to the contract, is contrary to procedure and law
and requires reversal.
4-) Supreme Court of Appeals 3rd Civil Chamber, decision numbered 2014/143 E. 2014/1023 K. and
dated 28.01.2014 (The dismissal of the alimony debtor from his/her current job does not mean that
the request for reduction of the alimony will be directly accepted. In each concrete case, a
comprehensive investigation should be conducted and the income status of the alimony debtor
should be investigated.)
“…In the present case, the fact that the plaintiff (the alimony payer) was dismissed from his job was considered a
significant change by the court. This could be considered a valid reason if the plaintiff earned all his income from
the job he lost. However, in previous cases between the parties, it was determined that the plaintiff earned rental
income from his real estate (workplaces and chicken farms), but the court did not conduct any investigation in
this direction. Furthermore, it is not addressed whether the plaintiff, who was dismissed from his job, received
any compensation for his labor receivables from the workplace outside the lawsuit.
or whether he filed a lawsuit to receive this compensation has not been clarified.
Accordingly, the court should determine all of the plaintiff’s income items, if necessary by conducting an expert
review; the proportion of the plaintiff’s rental income within his total income should be determined; it should also
be clarified whether the plaintiff has received compensation for labor receivables from a workplace outside the
lawsuit; the court should then discuss whether there has been a significant change in the plaintiff’s economic and
social situation; and a ruling on the merits of the dispute should be rendered based on the outcome.
5-) The 2nd Civil Chamber of the Supreme Court of Appeals, in its decision
numbered 2006/1415 E. 2016/7669 K. and dated 17.05.2006, ruled that if the
person in whose favor the alimony was ruled later “lives as if they were actually
married” to someone, the alimony should be abolished.
“…It is understood from the witness statements that the defendant woman was living with someone else in an informal
marriage, and while the decision to remove the alimony should have been made, it was not deemed appropriate to make a
written decision…”
The Importance of Legal Support
Alimony cases require technical knowledge, legislative expertise, and in-depth expertise in judicial
practices. While the legal provisions are clear, each case has its own unique circumstances, and even a
small mistake can lead to loss of rights. Therefore, working with an experienced attorney from the
beginning of the process is crucial to determining the right strategy, protecting your rights, and
achieving the swiftest resolution.
It’s important to remember that every step taken during the litigation process has legal and financial implications.
A professional lawyer will guide you not only in preparing the petition but also in gathering evidence,
representing the court, negotiating, and pursuing alternative solutions.
In order not to risk your rights and to manage the process safely, it is recommended that you consult a specialist lawyer.