Removal of Poverty Alimony
The removal of poverty alimony is regulated in Article 176 of the Turkish Civil Code and becomes possible with a court decision in the presence of some special conditions. These conditions and details about the process are given below.
1. Marriage or Actual Union of the Alimony Recipient
If the alimony recipient remarries, the poverty alimony will automatically end and there will be no need to file a lawsuit. However, if the alimony debtor lives as if married to someone else without being married, the alimony debtor may apply to the court and ask for the alimony to be lifted.
2. Termination of Poverty of the Alimony Recipient
The main purpose of poverty alimony is to support the spouse who has fallen into financial difficulty after divorce. Therefore, if the alimony creditor is no longer poor, the alimony debtor may request the removal of the alimony on the grounds of this change. This request must be made by filing a lawsuit with the court.
3. Living without Dignity
The fact that the alimony creditor leads a life that is contrary to the general rules of morality and incompatible with dignity is also a valid reason for the annulment of alimony. Such a lifestyle can be presented to the court with evidence and the alimony can be canceled.
The Court and Obligations
Lawsuits for the abolition of alimony must be filed at the Family Court in the place of residence of the alimony creditor. If the plaintiff requests the removal of alimony, he/she is obliged to present concrete evidence supporting this request to the court. The burden of proof lies with the plaintiff.
Is there a time limit?
There is no statute of limitation or forfeiture period granted to persons who wish to file a lawsuit for the abolition of poverty alimony . This lawsuit can be filed at any time when the conditions are met.
Related
- What are the Penalties and Legal Consequences of Not Paying Alimony?
- Divorce and Alimony Law: Financial Balance for a Just Future
- What is alimony according to the Turkish Civil Code and what are its conditions?
- Redetermination of Alimony Amount in Favorable Circumstances
- How to File for Alimony Increase? Legal Guide and Tips
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