3. Civil Department
Part Number: 2018/330
Decision Number: 2018/993
“text of jurisprudence”
COURT :FAMILY COURT
As a result of the trial of the case of decoupling alimony between the parties, the decision made to accept the case was appealed by the defendant within the time limit; after the decision was made to accept the appeal petition, the papers in the file were read and considered necessary:
The plaintiff, the defendant and … 2. 2009/4 Base. of the Family Court 2009/724 Decision. they were divorced by the decision numbered, with a divorce case in question resulted 150.00 TL monthly alimony favor of the defendant, the defendant, who passed away due to his father after the divorce, salary, because they can’t move the rest to himself as it connects heritage because of the economic situation improved, joint child custody and maintenance of all kinds of expenses on itself, and the current child support obligation itself of putting me in a difficult situation financially, citing GBP 150.00 per month and have decided to request the abolition of alimony has prosecuted.
The defendant asked for a decision to dismiss the case, stating that the plaintiff’s financial condition is good, the salary connected with him by the death of his father is not enough for his livelihood.
The court decided to accept the case, the verdict was appealed by the defendant.
The case relates to a request for the abolition of poverty alimony.
176/3 Of the Turkish Civil Code. according to the article; financial compensation or alimony, which is decided to be paid in the form of a will, disappears spontaneously if the creditor remarries or one of the parties dies; the creditor lives as if he were actually married without marriage, his poverty disappears or lives without dignity is removed by a court decision.
The plaintiff wants the alimony to be abolished for the alleged increase in the defendant’s assets and living standards.
The General Assembly of the Supreme Court of Law dated 07.10.1998 and 1998/2–656–688 as agreed in decision No. 1, those who do not have enough income to cover the expenses deemed necessary and necessary to improve the material existence of an individual, such as eating, dressing, housing, health, transportation, culture (education), should be considered poor.
It should be noted immediately that in the established decisions of the General Assembly of Law, “having an income at the minimum wage level”is not considered a phenomenon that makes it impossible to connect a poverty alimony, nor is having an income above the minimum wage considered a phenomenon that makes it impossible to connect a poverty alimony. (GCM.07.10.1998 day, 1998/2-656 E, 1998/688 K. 26.12.2001 day 2001/2–1158–1185 numbered and dated 01.05.2002 days 2002/2–397–339 numbered resolutions).In this case, it should only be taken into account as a factor in determining the amount of alimony.
In the concrete case, the parties … 2. 2009/4 E. of the Family Court 2009/724 K. it is seen that they were divorced by decision No. 150.00 and a poverty alimony of TL 150.00 was ruled in favor of the defendant.
October September 2011, it became clear that the defendant received an orphan’s pension due to his deceased father as of 01/05/2010, and as of September 2011, the amount of payment to the defendant consisted of a salary of TL 239.86 and an additional payment of TL 11.99.
A woman who is a creditor of alimony cannot be expected to cover the expenses deemed mandatory and necessary as the income she receives is mentioned above. In other words, the total amount of income received by the defendant is not enough to save him from poverty.
Taking into account the social and economic situations, needs and expenses of the parties, the availability of the defendant woman’s salary income in accordance with legal regulations and Supreme Court Case Law does not require the abolition of poverty alimony, which is ruled about. This is the reason for the reduction of alimony in poverty. Therefore, the abolition of poverty alimony for the defendant woman was not found to be fair.
In that case, it will be held by the court; 4 of the DECR, taking into account the social and economic conditions of the parties and the balance situation existing between the parties while alimony is appreciated. in accordance with the principle of fairness emphasized in the article, the amount of alimony should be reduced at a reasonable rate, while the abolition of poverty alimony as a result of an erroneous assessment of the evidence is erroneous and this aspect required to be violated.
CONCLUSION: As of this date, without taking into account the principles described above, the decision in writing is not fulfilled and the decision is made with the acceptance of the appeals that are in place for these reasons. nun 428. in accordance with Article 6100 of the HK No. 1086 with the temporary attribution of Article 3 of the HK No. 6100, the appeal fee received in advance will be refunded to the appellant upon request.nun 440.according to the article, the decision was taken unanimously on 13.02.2018, with the correction path closed.