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The primary condition for the judge to decide on the child support is the demand of the spouse who will fall into poverty. If the request is not available, the judge cannot rule over poverty alimony. This request can be claimed while divorce is being seen, or it can be claimed with the alimony case to be filed after divorce.

The lawmaker did not specify that the spouse who will fall into poverty should be flawless while organizing the child support for the poverty, but by saying “on the condition that the defect should not be more severe”, the spouse making the request should be less than the other spouse. Therefore, even if the spouse, who is seriously defective, demands child support due to poverty, this situation prevents the provision of child support in his favor. This is stated as follows in the precedent Supreme Court decisions;

“The spouse who falls into poverty may seek poverty alimony from the other, as long as it is not flawed in cases leading to divorce.” (YARGITAY 2. LAW OFFICE E. 2000/14218 K. 2000/14480 T. 20.11.2000)

“In the events that cause divorce, the severity of the defect is in the defendant woman. It is not right to rule over poverty support for the benefit of the seriously flawed defendant woman. Appraisal of moral indemnity for the benefit of the seriously flawed defendant woman is impeccable. ” (YARGITAY LAW GENERAL ASSEMBLY E.2008 / 2-32 K.2008 / 86 T.30.01.2008)

According to the general understanding in the society, it is sufficient to be considered poor while the poverty assessment is made, it is not necessary to fall into a big deprivation. When evaluating the situation of the spouse who demands poverty support, it is examined whether there is a source of income and whether they can save him from poverty.

When determining the amount of poverty support, the financial power of the spouse to pay should be taken into account and the upper limit should be accepted. Because the purpose of the verdict is not to keep the other spouse alive, but to save him from poverty as far as he can meet his compulsory needs.

The amount of alimony can be determined by the judge, as well as determined by the judge on the condition that it is not against the public order, morality and mandatory provisions.

If the request was put forward in the divorce case, to the Family Court authorized to look at the case; If requested by a separate case after the divorce, the placement of the plaintiff’s creditor spouse should be presented to the Family Court.

The poverty support, as a rule, is indefinite, but according to TMK 176/3, the creditor removes spontaneously in the event of remarriage or the death of one of the parties; If the creditor party actually lives as if he is married without marriage, his poverty disappears or he lives without dignity, it is removed by a court decision.

Conditions for Getting Poverty Alimony

Poverty alimony is a type of alimony requested by the spouse who will fall into poverty due to the divorce case or the alimony case to be opened after the divorce. The flaw, which is one of the most important issues in divorce cases, is also very important in poverty support. Because, when judge evaluates, it takes into account the spouses’ defects and seeks that the spouse who demands poverty is less defective. In other words, in order to decide on poverty support, the spouse demanding should not be seriously defective compared to the other spouse. The judge will also evaluate the financial powers and rule the poverty alimony if the conditions are present as a result of all these examinations.

One of the most important issues regarding poverty alimony is that the spouse requesting alimony cannot benefit from poverty alimony in some cases, even if it is less defective and even flawless. The legislator has not regulated these cases in limited numbers, but we can count the following states in line with the provisions of the Turkish Civil Code, the Supreme Court decisions and doctrinal views.

In accordance with the provision of TMK 175, poverty support cannot be ruled in favor of the spouse who is seriously defective. It can also be said that due to the same article, poverty support will not be ruled in favor of the spouse, who did not fall into poverty as a result of divorce. These issues regarding the defect and financial power will be judged by the judge.

In accordance with the provisions of TMK 176, the spouse who receives poverty alimony can make a new marriage or if he / she actually starts living with another person without getting married, he / she cannot receive poverty support; Even if it gets, it disappears by itself in case of marriage and by court decision in case of actual association. Under the same article, it can be said that the alimony creditor spouse cannot receive alimony if the poverty disappears or if he lives dignified.

Who have their own income such as salary, pension, rental income; movable or immovable property, with monetary accumulation; falling into poverty in line with their own actions; who left his job voluntarily but did not fall into poverty; those who refrain from working even if their profession has the ability to work; The spouse who has habits such as gambling, betting cannot get child support.