In short
The question of how a maintenance debt is enforced is the collection of the item in the court judgment. When it is looked at how a maintenance debt is enforced, the basis is often the judgment. Participation maintenance, poverty maintenance or interim maintenance is separated from the enforcement of a general commercial debt. A deduction from salary and coercion may be discussed in a separate frame. The conditions of family law are under another heading. There is no memorised rate and no promise of a result.
The operative part of the judgment separates the items
The judgment, or an interim decision on maintenance, separates the monthly amount from the accumulated instalments. The enforcement order and the request for enforcement should not go beyond the operative part of the judgment. If there is a decision increasing it, the old judgment may not be enough by itself. If the new amount stands in the decision increasing it, it is read from there. The figure in the old operative part is not made an item of collection as if there were no increase. If the text of the decision is not standing, the amount is not announced.
The accumulated instalments are written without being mixed, in the same line, with the monthly item. A claim for interest appears on the cover within the frame of the judgment or of the statute. The rate of interest is not in this text. The rate is read from the ruling in the file. If the ruling is silent, a percentage is not invented. The petition does not by itself add an item that is not in the judgment. Service shows the day the enforcement order reached the debtor. A number of days is not memorised.
A deduction from salary is not a bank attachment
A deduction from wages in a maintenance file may be applied in a frame different from the rate for a general claim. The figure of the deduction is not written here. The figure is read from the writing on attachment of wages and from the judgment in the file. A bank attachment and a deduction from salary are not confused. An attachment directed at the money in the account is not the deduction order written to the employer. Even if the two come onto the agenda at the same time, their documents are separate.
The employer's writing does not stand in for the operative part of the judgment. If the writing contains an amount that is not in the judgment, that amount is checked against the judgment. A payslip does not create the legal cause of the maintenance. The cause is in the court decision. The payslip shows whether the deduction is running. An invoice is not the basis of this claim. The path of a commercial invoice is not pasted in the place of a maintenance judgment.
Not paying may prepare the ground for coercion
Continuing not to pay may prepare the ground for an application for coercion. This is not the memorised line of imprisonment for debt in a criminal case. The conditions are looked for in the statute and in the file. A term of imprisonment is not in this text. Coercion does not arise by itself on every delay. The condition of the application depends on the concrete file. If payment was made, which month was closed is read from the receipt.
Counsel in Ankara who reads the judgment does not make the district of the office the place of collection. An office in Çankaya does not choose the enforcement office. The competent office is read from the rule of enforcement on a judgment itself. The name of the district does not stand in for the amount of maintenance. The office address does not produce a deduction rate either. A collection plan is not built without the original of the judgment.
The path of a commercial invoice is not this claim
Enforcement of maintenance runs in the frame of a claim on a judgment and of a family claim. Enforcement on an invoice or on a note is not a copy of this item. The path without a judgment is debated separately if there is no judgment. As a rule, the basis is the court's maintenance judgment or interim decision. An interim decision and a judgment are not taken for the same paper. Which one is in hand is read from the name of the document.
The conditions of poverty maintenance stand outside the face of the enforcement. This text does not rewrite who will be entitled to maintenance. What is read here is how the item that was awarded is pursued. The increase, the accumulated month and the monthly amount stand on the cover without being mixed. If the cover goes beyond the operative part of the judgment, that excess is seen separately.
The amount on the cover is written without mixing the monthly item in the operative part of the judgment with the accumulated instalment. If there is an increase, the new decision is put in the place of the old operative part. A rate and a term of imprisonment are not in this text. The price on an invoice is not the name of the maintenance item. A deduction writing does not stand in for the judgment either.
Collection that goes beyond the judgment is not built
Collection is limited by the operative part of the judgment. This article does not write a commercial-invoice item into this file. This article does not memorise a deduction rate either. Coercion is not the name of every delay. A Çankaya office does not choose the competent office.
Conclusion
Enforcement of maintenance runs in the frame of a judgment. The conditions are in poverty maintenance, the enforcement in enforcement on a judgment, the deduction in attachment of salary, and the sanction in coercive imprisonment. The frame is on the enforcement and bankruptcy page. The basis is the text of Enforcement and Bankruptcy Law No. 2004. A collection plan is not built without the original of the judgment.