If it is decided by the Family Courts to pay alimony in favor of joint children or a spouse who will fall into poverty, the spouse who has been convicted against him is under the obligation to pay alimony.
In the provision established by the court on the payment of alimony, the day of payment of alimony can be determined as a specific day of each month. In this case, the spouse who owes alimony must make a regular payment of alimony every month on the day determined by the court. If alimony payments are not made by the debtor spouse on the appointed day, child support proceedings may be initiated in relation to the alimony debt that has become exempt by the spouse in whose favor alimony has been decided.
However, an exception has been made by the Supreme Court in this case. If the day set by the court as the day of payment of alimony coincides with the day of vacation, then alimony can be paid on the first working day after the holiday. If the day of payment of alimony coincides with the holiday, it has been clearly regulated by the Supreme Court that enforcement proceedings should be initiated by the creditor on the first working day after the holiday and if payment is made by the debtor on the same day, the cancellation of the proceedings should be decided.
Court of Cassation 8. Legal Department 2014/25994 E. 2016/11099 K. Notice No. Dated 23.6.2016
CASE: The file related to this work was sent to the Department from the scene upon request of the appellant during the examination defendant within the time limit of the Court decision written in the date and number above, and after the report prepared by the Examining Judge for the case file was heard and all the documents in the file were read and examined, the work was discussed and considered as necessary:
DECISION : The debtors’ deputy filed a complaint; … 1.The Family Court’s decision … states that it pays the alimony of the subsidiary regularly every month, and also that the follow-up payment for the alimony fee of TL 1000 for the month of August 2014 is the 10th of the month in which the payment will be made. he stated that there would be no follow-up on 11.08.2014 due to the fact that the day coincided with Sunday and asked that the cancellation of the follow-up be decided.
By the court; Due to the fact that the last day of payment of the follow-up payment, when the plaintiff pays the accumulated alimony that he will receive, is on vacation, the complaint is initiated before the payment date, but with the acceptance of the complaint, IIK 33.in accordance with Article 1.000,00- TL and FER in respect of the withdrawal of the execution, the rejection of the request for an excess, has been decided, and the judgment has been appealed by the creditor’s attorney.
The basis for enforcement proceedings is … 1.In the decision of the Family Court … “on the 10th of every month for the common child … branch……..it has been decided that ”1000 TL participation alimony to account No. 1 will be taken from the defendant and given to the plaintiff”. The debtor stated in his application to the Executive Court that payments had been made. The 10th of the month of alimony money in accordance with the decree of the Ilam. since it has been decided that the day will be credited to the bank account, enforcement proceedings cannot be initiated for the alimony that will be processed that has not been exempt.In this case, it is necessary to decide on the complete cancellation of the follow-up, while IIK 33.in accordance with Article 1.000, 00-TL and fer’is in terms of the provision in the form of withdrawal of the execution facility is invalid.
CONCLUSION : The decision of the Court on the acceptance of the appeals of the debtor’s attorney was taken for the reasons written above in Article 366/3 of the IIK. article and Article 3 of HMK No. 6100. according to Article 428 of HUMK No. 1086. in accordance with article 366/3 of the IIK by the parties, there is no place for the examination of the appeals of the creditor’s deputy for the time being, according to the reason for the violation, the reason for the violation. in accordance with the article, it was unanimously decided on 23.06.2016 that a request for correction of the decision could be made within 10 days from the notification of the Supreme Court of Cassation and that if an advance fee of TL 25.20 was requested, it would be returned to the defendant who appealed.
