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Child Support and Alimony in Divorce Cases

Child Support and Alimony in Divorce Cases

What are the types of child support and alimony?

There are three types of financial support that can be requested in divorce cases. These may be listed as; temporary child support, alimony and child support. The objectives of these three types of financial supports are different from each other. Child support ad interim can be awarded to the person in complex process of divorce cases. Child support (child maintenance) is awarded in order to meet the needs of the child; whereas alimony is awarded to the spouse who is financially disadvantaged as a result of the divorce.

What is Temporary Child maintenance in Divorce Cases and how is it received?

While the divorce proceedings are continuing, the financially disadvantaged party and / or the party receiving the temporary custody of the child may request the Court to award him with the temporary child maintenance. In particular, since the disputed divorce process can take a long time (average duration of case can be between 1 to 2 years), the person who does not have any material income and/or who has the temporary custody of the child may request the Court to support his/her livelihood and/or the child maintenance support in order to provide the child with care and attention.

What is Alimony in Divorce Cases and How is it received?

Alimony, financial (spousal) maintenance, is the kind of monthly maintenance granted to the spouse who suffers financial loss after divorce. However, after examining the physical, psychological and material situation of the parties, the Court may decide that one party will pay an appropriate amount as alimony to the other (second) party which is financially disadvantaged due to divorce or whose livelihood will be negatively affected as a result of the divorce, even if the (first) party is not at fault.

In the case of jurisprudence, the term poverty is defined as the situation of the person who has no assets or income to cover the expenditures such as food, drink, clothing, housing, health, transportation and cultural activities.

We can summarize the criteria for granting alimony as follows:

  • The spouse who has demanded financial (spousal) maintenance must have fallen into poverty (or has become financially disadvantaged due to divorce or whose livelihood will be negatively affected as a result of the divorce).
  • Being at fault or not is not a matter of consideration.
  • The fault of the spouse requesting alimony should not exceed the fault of the spouse who is requested to pay alimony.
  • Setting the amount of alimony to be paid shall be in proportion with the financial means of the spouse paying the said maintenance.

However, if the party providing alimony persuades the Court that the alimony receiving party is remarried or that the spouse has a business that can maintain an average standard of living, or that there is an increase in his/her income for any other reason, the alimony shall be revised with a Court order.

What is Child Support in Divorce Cases and How is it Received?

The person who receives custody of the child is the person who will claim child support. The child support (child maintenance) can only be used for the purpose of meeting the child's needs. This agreement will be based on the child's educational and transportation costs as well as the child's food and clothing costs.

How is the amount of child support determined?

In consensual divorce cases, the amount of child support agreed upon by the spouses is accepted. In case of disputed divorce cases based on fault, the amount of child support to be granted is based on the solvency of the person responsible for paying the child support and the living standard of the person who will receive it. The age and needs of the child and the benefits of the parties are taken into account when determining the amount of child support and/or child maintenance.

In the alimony, the amount of alimony to be granted is determined on the financial means of the paying spouse and on the living standard of the receiving party. To give an example, the amount of child support that one spouse will receive following the divorce will be proportional with the income of the spouse paying alimony. The spouse on minimum salary will therefore pay a lower alimony compared to the spouse with a higher income.

Attr. Ayşe Seyitoğlu
  • Attr. Ayşe Seyitoğlu
  • January 2019