Family law · Legal information

What Are the Conditions of Poverty Maintenance?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The question of what the conditions of poverty maintenance are is the measure of falling into poverty because of the divorce, and of fault not being heavier. The obligor's means affect both the judgment and the amount. There is no amount in this text. A sum and a rate are not written. A list of types, interim maintenance while the case is pending, and an increase after the judgment do not take the place of these legs.

Working does not close the claim so that it will pass by itself. Not working does not open the door by itself either. The income document, the expenses, and the standard of living are read together. There is no fixed percentage. A multiple of the minimum wage is not written from memory.

What falling into poverty measures

The measure is not an exact copy of the comfort before the divorce. It is the risk of falling into poverty because of the divorce. If one's own income meets a basic need, the claim can narrow. If there is no income, or it is insufficient, the door can open. Help from the family, actual housing, and unrecorded earnings can also be part of the picture. They do not build a judgment on their own. The document should show the source of the income. If there is no document, income is not assumed.

Poverty should not be confused with an inventory of assets. A share on the land register can be a value that has not yet been received as the result of liquidation. The need for maintenance is read separately. A participation claim does not close the condition of maintenance by itself. An invoice can show rent or living expenses. An invoice is not the maintenance sum itself. The distinction of types stands under types of maintenance. A list of types does not build the condition of poverty.

The fault threshold and the obligor's means

That the fault of the spouse who asks is not heavier is the gatekeeper of this item. Heavier fault can close poverty maintenance. Equal or lesser fault still affects the amount. Acceptance is not stated before the file is seen. The fault of the person obliged to pay maintenance is not a condition of this item in the statute. The obligor's means affect both whether maintenance will be awarded and the amount. The income document, the social-security record, tax, and actual life are looked at together. There is no rate in this text.

Fault is built with the facts relating to the ground for divorce. A ranking of shouting is not enough. Fault for damages and fault for maintenance are not folded into the same sentence. The damages item stands under damages in divorce. The decision should write which spouse's fault was found heavier. Without a decision, maintenance is not treated as closed. The petition should show falling into poverty and fault under separate headings. One sentence is not treated as having joined the two conditions.

The debate on duration, and neighbouring items

Poverty maintenance depends on the divorce judgment. The temporary item paid while the case is pending stands under interim maintenance. Interim maintenance does not turn into poverty by itself. The debate on duration depends on the wording in the statutory text and on the entry-into-force record, in the Official Gazette, of Constitutional Court decisions. Even if a cancellation decision has been reflected in public discussion, one does not say maintenance was abolished before publication, and before any postponement has run. The current text is read on the date of the file. A number of years is not added to this text.

After the judgment, marriage, living as if married, the ending of poverty, or a shift of income and expenses enters the route of reduction and ending. An increase in need stands under an action to increase maintenance. Participation maintenance is for the child's expense. It is not the spouse's poverty. Writing the two on one line confuses enforcement. Service separates, from the endorsement, whether the maintenance judgment went to the obligor. If there is no endorsement, finality is not assumed.

The protocol and waiver

In an uncontested divorce, an express waiver in the protocol, or a record that it will not be claimed, makes a later claim harder. The item not being written at all produces uncertainty. Participation maintenance, which is the child's expense, should not be confused with this waiver. The sentence of the protocol should be definite enough to be capable of enforcement. An indefinite sentence does not produce a sum. The protocol does not take the place of the statutory condition. Without the conditions being met, the protocol does not give birth to maintenance by itself.

The register can show the record that the marriage ended. The register does not write that the person fell into poverty. The minute can carry the statement of waiver at the hearing. If there is no minute, a waiver is not assumed. The application should show separately which spouse asked for which item. The child's item and the spouse's item are not folded into the same line. A protocol that stands like a contract does not take the place of the income document.

Where maintenance is read from

The income document and the facts of fault stand side by side. A sum and a rate are not written. The office being in Çankaya does not change the competent authority. A spouse who works is not treated as a rule that closes the claim by itself. Interim maintenance is not put in place of poverty maintenance.

Conclusion

The question of what the conditions of poverty maintenance are is answered by falling into poverty, fault that is not heavier, and the obligor's means. A list of types, interim maintenance, and a later change do not take the place of these legs. A sum and a rate are not written. The frame stands on the family law page. The basis is the Turkish Civil Code.

Legislation

Frequently asked questions

Can a spouse who works ask for poverty maintenance?

Working does not close the claim by itself, and not working does not open it by itself. The measure is whether the person will fall into poverty because of the divorce, and the fault threshold. Regular income affects the amount of maintenance. It may not extinguish the right by itself. The income document, the expenses, and the standard of living are read together. There is no fixed percentage.

Can the spouse who is more at fault receive maintenance?

The statute requires that the fault of the spouse who asks is not heavier. Equal fault, or lesser fault, can be discussed. Heavier fault can close this item. Fault is built with the facts of the ground for divorce. A ranking of who shouted more is not enough. Fault for damages and fault for maintenance are not folded into the same sentence. Damages are in a separate article.

Is poverty maintenance indefinite, or has it been abolished?

The institution of poverty maintenance has not been abolished. The statutory text on duration, and the entry into force of Constitutional Court decisions, depend on publication in the Official Gazette and on any postponement period. The assumption that "my maintenance ended as of today" is the wrong door. On the date of the file, the text on mevzuat.gov.tr and the Official Gazette are checked together. When a condition changes after the judgment, reduction or ending is a separate route.

Is the fault of the person obliged to pay maintenance also required?

The statute does not make the fault of the person obliged to pay maintenance a condition of this item. The obligor's means affect the amount. An obligor who is not at fault can also face poverty maintenance if the other conditions are present. That does not, by itself, carry the defence "I am not at fault, so I will not pay". The amount is assessed according to the balance of means and need.

If poverty maintenance is not written in an uncontested divorce, can it be asked for later?

An express waiver in the protocol, or a record that it "will not be claimed", makes a later claim harder. The item not being written at all produces uncertainty. Participation maintenance, which is the child's expense, should not be confused with this waiver. The sentence of the protocol should be capable of enforcement. The distinction of types is in the article on types of 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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