Family law · Legal information

Reduction and Lifting of Maintenance

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A reduction and a lifting of maintenance is the pulling down, or the ending, of a maintenance ruling that is being applied, with conditions that changed later. This text does not answer an increase, the whole of the first condition of maintenance, or the detail of collection. The existing judgment does not, as a rule, stop until a new decision comes out. A rate and an amount are not in this text.

An amount that is not written in the file is not added. An amount that is not added is not written as a percentage at the end of the petition either. A percentage that is not written does not drop the old judgment by itself.

Which maintenance comes down through which door

In poverty maintenance, when the situation changes, the judge may, on a request, determine the amount of the annuity again or lift the maintenance. The creditor marrying again ends poverty maintenance in the form of an annuity, in the cases the statute provides, by itself. Living as if married in fact, the poverty coming to an end, or living a dishonourable life, is as a rule lifted by a court decision. The conditions of the first award stand under poverty maintenance.

Participation maintenance is tied to the child's care and education expense. A loss of the parent's income, a lessening of the child's need, or a change in the care arrangement, may carry a downward request. The child's interest is read before the obligor's relief. If the documents of the two types stand in the same file, each is read from its own text of the decision. One does not carry the amount of the other by itself.

Interim maintenance is temporary while the action continues. It is not the subject of an action for reduction after the judgment. The frame of the interim order stands under interim maintenance. A temporary measure is not pasted in the place of a final maintenance judgment.

How a change of condition is built

The request should compare the picture on the date of the old decision with today's picture. A fall in income is shown with a payslip, leaving work, social-security and tax documents. An increase in expense may not be a ground of reduction by itself. A new regular income of the person receiving maintenance opens, in poverty maintenance, the debate that the poverty has ended. The debate that is opened does not choose the amount from this text.

A case that ends by itself and a case that ends by an action should not be confused. A situation the statute expressly ties to an ending, such as marriage, and a life in fact whose proof is left to the court, do not fit in the same sentence of a petition. The civil-registry record and the evidence of life in fact are read separately. When there is no record, a marriage is not assumed.

Death ends annuity maintenance within the frame the statute draws. The estate and the limit of the heirs are not the subject of this text. A limit that does not exist is not written on the application form as a debt of the estate.

The judgment stands, the enforcement waits

Bringing an action for reduction does not erase the accumulated maintenance and does not freeze the enforcement automatically. Stopping payment may take the creditor to enforcement. The path of collection stands under enforcement of a maintenance debt. If the new ruling is not entered in the enforcement file, the office continues to see the old amount. An amount that continues to be seen is not treated as erased by a decision that has not yet come out.

Effect on the past depends on the date of the request and on how the decision is formed. Not every reduction takes the past months back. There is no memorised promise of a date. Enforcement of a foreign judgment is a separate record, and it stands under a foreign maintenance decision. When there is no decision of recognition and enforcement, a foreign text is not put in the place of a domestic judgment.

Counsel in Ankara reads from the decision that the office being in Çankaya does not choose the court where the maintenance action will be brought. The competent authority is read from the record of the maintenance ruling itself. The existing judgment is not suspended so that the reduction will pass by itself. The district of the office does not change the competent court. The office address does not stand in for the address for service.

The income document, the payslip, the leaving of work and the tax record should stand side by side. An oral statement by itself does not change the amount in the old decision. A statement that does not change it is not written in the petition as if a reduction had happened. A reduction that is not written does not erase the accumulated item in the enforcement file either. An item that is not erased does not close by itself with a new application form. An item that does not close stands if the consent of the person receiving maintenance is not in the document.

Why a rate and an amount are not written

A maintenance rate and an amount that are not written in the file are not added to the petition. A result of reduction is not announced when there is no income document.

Conclusion

The downward direction is the document of a change of condition. In poverty maintenance, marriage and the ending of poverty, and in participation maintenance the child's expense and the parent's means, are read separately. Stopping payment while the judgment stands does not stand in for the action for reduction. The frame is on the family law page. The official basis is the maintenance provisions of the Turkish Civil Code. An amount is not said before the decision and the income document are seen.

Legislation

Frequently asked questions

Does payment stop by itself when the person obliged to pay maintenance becomes unemployed?

It does not. Unemployment or a fall in income does not suspend the existing judgment. Until a decision of reduction or lifting is obtained, the old ruling may be the subject of enforcement. A statement that I cannot pay, without the loss of income being documented, does not change the ruling.

What happens if the person receiving poverty maintenance marries?

The statute provides that poverty maintenance in the form of an annuity ends by itself when the creditor marries again. Living as if married in fact is, as a rule, tied to lifting by a court decision. Participation maintenance does not fall by itself on marriage.

Does participation maintenance end automatically when the child reaches majority?

Majority is a turning point in many files. Education, the need for care and the text of the decision are looked at concretely. An assumption that the child has reached majority and the file has closed does not carry every judgment. A request for a change is built with the child's expense and the parent's means.

Does enforcement stop when an action for reduction is brought?

As a rule, no. The new action does not stop the old enforcement on a judgment by itself. An interim measure or a complaint in enforcement is a separate procedure and does not give the same result in every file. Stopping payment enlarges the risk of accumulated maintenance.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Family law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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