A party receiving alimony may file an alimony increase lawsuit for justified reasons such as changing economic conditions, loss in the value of money, an improvement in the payer’s income or a rise in their own expenses. This article explains the legal basis of an alimony increase, the criteria courts look at and the process in general terms.
Legal Basis of the Alimony Increase Lawsuit
Under Article 176, paragraph 4 of the Turkish Civil Code, poverty alimony may, at the request of either party, be increased or reduced by the judge according to the circumstances of the parties and changes in the value of money. For child support (iştirak nafakası) ordered for a child, an increase can likewise be requested when the child’s needs and the parties’ financial circumstances change. The case is filed before the family court that awarded the alimony.
What Does the Court Consider?
There is no fixed formula or rate for re-determining the amount. The court evaluates the circumstances of the specific case. The main criteria are:
- the time elapsed since the alimony decision and the change in the value of money (inflation),
- changes in the payer’s income and assets,
- the needs of the recipient and changes in their income,
- for child support, the child’s age, education, health and care expenses.
CPI and the Alimony Increase
In practice, courts often use the Consumer Price Index (CPI) published by TurkStat as a reference for measuring the change in the value of money. However, the CPI figure does not mean the increase is automatic or mandatory: the judge also considers the parties’ financial situation and fairness. The result may therefore differ from file to file and no exact figure can be given in advance.
Is Alimony a Set Percentage of Income?
No. The law does not say alimony must be a certain percentage of income. The judge uses discretion, weighing the parties’ income and expenses, the standard of living maintained during the marriage, age and health, and fault. “What percentage of salary is alimony” calculators found online can give only a general idea and do not bind the court.
Preparing Before Filing
- The existing alimony decision and its finality certificate,
- Bank records showing whether alimony is paid regularly,
- Evidence of the other party’s increased income (payslips, social security records, asset inquiries),
- Documents showing your own income and expenses and the child’s needs.
If Alimony Is Not Paid
Awarded alimony can be collected through enforcement proceedings. For unpaid alimony, the coercive detention route under the Enforcement and Bankruptcy Law may also be used. An alimony increase lawsuit does not affect these rights.
Alimony Reform Debates
The alimony system, especially the practice of indefinite alimony, is periodically debated and legislative proposals come up. Before filing, the current legislation and case law should therefore be checked.
Frequently Asked Questions
When can an alimony increase lawsuit be filed?
After the alimony was set, when there is a significant change in the parties’ economic situation or the value of money. The law sets no waiting period, but the change must be proven concretely.
Is the alimony increase rate fixed?
No. Courts often take inflation (CPI) into account, but there is no fixed rate. The amount depends on the parties’ income and expenses and the circumstances of the case.
Is mediation required before an alimony increase lawsuit?
Mandatory mediation is not a precondition for alimony claims in family law cases. Still, it is wise to consult a lawyer about your situation.
What happens if alimony is not paid?
It can be collected through enforcement, and the coercive detention route under enforcement law may also be used.
This article is for general information only and is not legal advice. Consult a lawyer for your case. See also our divorce lawyer in Ankara page.