Types of Alimony: Child Support, Poverty Alimony, and Maintenance

Divorce is not only about ending a marriage but also about establishing a fair economic balance for the spouses and their children afterward. One of the most critical legal tools in this process is alimony. Under Turkish Civil Law, alimony is designed to prevent financial hardship after divorce. However, alimony is not a one-size-fits-all concept; it has different types depending on the needs. In this article, we will explore three essential types of alimony: child support, poverty alimony and support alimony.

What is Alimony?

Alimony refers to financial support ordered by the court to be paid by one person to another. It can be ruled during or after divorce proceedings. Alimony may be paid not only to an ex-spouse but also for the benefit of children.

Types of Alimony

1. Child Support

Child support aims to cover the child’s basic needs, including education, healthcare, and daily expenses.

• Who receives it? The parent with custody, on behalf of the child.
• How long does it last? Until the child reaches adulthood. In some cases, such as ongoing university education, it may extend beyond 18.
• How is it determined? Based on the child’s needs and parents’ financial situation.

Example: If custody is given to the mother, the father is obliged to pay child support.

2. Poverty Alimony (Yoksulluk Nafakası)

This type of alimony is awarded to the spouse who would fall into poverty due to divorce.

• Conditions:
  • The spouse will face poverty after divorce.
  • The claimant should not be more at fault than the other spouse.
• Who can request it? Both men and women.
• Duration: Generally indefinite, but can be modified or terminated if circumstances change.

Example: A homemaker who never worked and cannot support herself after divorce may receive poverty alimony.

3. Support Alimony

Support alimony extends beyond divorce cases. It applies to close relatives who cannot support themselves.

• Who can claim? Parents, children, siblings, even grandchildren.
• Condition: The claimant is unable to sustain themselves.
• Against whom? A financially capable relative.

Example: An unemployed mother may file for support alimony from her working son.

How is Alimony Calculated?

Courts consider:

• Income levels of both parties
• Needs of the recipient
• Living standards
• Inflation and economic conditions

Judges may also order annual increases.

How to File for Alimony in Turkey?

• File a petition to the Family Court.
• Submit income documents and expense lists.
• Temporary alimony (interim order) may be granted during the process.

Case Law Examples

• Turkish Supreme Court rulings emphasize that alimony must reflect the financial situation of both parties.
• The best interest of the child is always the priority.

Frequently Asked Questions (FAQ)

1. Can alimony be avoided?
No. Once ruled by the court, it is mandatory. Failure to pay leads to enforcement proceedings.

2. Can the alimony amount be increased?
Yes. Either party may file a lawsuit for adjustment due to changing financial conditions.

3. Is alimony permanent?
Child support ends when the child comes of age. Poverty alimony continues as long as conditions persist.

Conclusion

Alimony is one of the most debated issues in divorce proceedings. Child support protects the welfare of children, poverty alimony prevents financial hardship for the spouse, and support alimony safeguards close relatives in need. Understanding the legal framework ensures fairness and prevents unjust outcomes.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a licensed attorney in your jurisdiction.