Critical Information for Alimony Creditors: Participation Alimony and Enforcement

In divorce cases, alimony, which is awarded especially to ensure the financial security of children, has an important place among the types of alimony. The ability to enforce child support is directly related to the finalization of the divorce decrees. In this article, we will discuss in detail the enforcement ability of child support and the legal processes on this issue in the light of the Supreme Court decisions.

Definition and Importance of Participation Alimony

Participation alimony is the alimony paid by the parent who does not have custody of the child to the other parent in order to cover the child's care and education expenses in case of divorce. This type of alimony is of great importance for the healthy growth and development of the child.

Enforcement Ability of Participation Alimony in the Light of the Supreme Court Decisions

The Supreme Court has made important decisions regarding the enforceability of child support. These decisions make a distinction in terms of whether alimony orders are an accessory to the divorce provision or not. Here are some important Supreme Court decisions to consider on this issue:

Supreme Court of Appeals General Assembly Decision (2001/12-206 E., 2001/217 K.)

The General Assembly of the Supreme Court of Appeals stated that child support is an extension of the divorce provision and therefore the divorce provision must be finalized in order to be subject to enforcement proceedings. The following statements were included in the decision:

“Provisions regarding alimony, compensation, attorney fees and litigation expenses, which are annexes to the divorce decision, are also subject to the same rule. "If the divorce decree has already been finalized, it is not necessary for the requests for participation-poverty alimony, compensation, attorney's fees and litigation expenses to be finalized, considering their qualifications, in order to be followed up."

Decisions of the 8th Civil Chamber of the Supreme Court of Appeals

2014/27211 E., 2016/15863 K. Decision : In this decision, it is stated that child support is an accessory to the divorce decision and therefore the decision must be finalized in order to be requested.

2015/16421 E., 2015/18638 K. Decision : This decision emphasized that the divorce judgment must be finalized in order for the child support to be subject to enforcement proceedings. It is also stated that the provisions regarding family and personal law cannot be subject to follow-up until they are finalized.

Ability to Execute Precautionary Alimony

Precautionary alimony is a type of temporary alimony ordered to meet the financial needs of the child or spouse during the divorce case. According to the decisions of the Supreme Court, provisional alimony may be subject to enforcement proceedings without a judgment. Here are some Supreme Court decisions on this subject:

3rd Civil Chamber of the Supreme Court of Appeals (2016/17056 E., 2017/6020 K.) : It stated that the provisional alimony will continue until the finalization date of the divorce decision and will not turn into participation alimony after the finalization date.
Decisions of the 12th Civil Chamber of the Supreme Court of Appeals :
2018/5079 E., 2019/810 K. Decision : It stated that the interim decisions regarding precautionary alimony are not judgments and therefore cannot be subject to judicial proceedings.
2018/13828 E., 2018/9636 K. Decision : Likewise, it emphasized that interim decisions regarding preventive alimony cannot be subject to judicial proceedings.
2018/6711 E., 2019/5725 K. Decision : It stated that the interim decisions regarding precautionary alimony do not have the nature of a judgment and that an enforcement order cannot be sent, and that the cancellation of the enforcement order should be decided.

Conclusion

The Supreme Court decisions clearly reveal that the divorce judgment must be finalized in order for child support to be enforced. Precautionary alimony, on the other hand, can be subject to enforcement proceedings without a judgment, since it is a temporary decision and does not have the nature of a judgment. This situation protects the rights of alimony creditors and debtors and ensures a fair trial process. The Supreme Court decisions on child support and provisional alimony are guiding on this issue and are of great importance in terms of correct management of legal processes.