Having the Children Whose Alimony is Ruled in Their Favor with the Creditor

T.C.
SUPREME
8. law office
E. 2015/15599
K. 2018/332
T. 15.1.2018
At the end of the trial between the parties and in the case described above, the Court decided to dismiss the case, and upon the appeal of the verdict by the plaintiff, the file was examined by the Department, Decisively considered:
June payable of alimony, but since June 2013, the joint children have remained with the client, stating that the joint children have remained with the client, the debtor’s attorney requested that the cancellation of the follow-up be decided in terms of the 6.000,00 TL subsidiary alimony requested together with interest.
The decision to change the custody by the court was finalized on 01.10.2014, and since there is no request and provision for the abolition of participation alimony in the court decision on changing the custody, the alimony lasts until 01/10/2014, the claim requested in the follow-up belongs to before this date, it was decided to reject the objection, and the judgment was appealed by the debtor’s attorney. In the continuity-winning case law of the Court of Cassation; in order for the debtor to be held responsible for paying alimony in favor of the child for whom alimony has been ruled, the rule has been adopted that the child must be present with the creditor, if the debtor claims that the child is staying with him, this claim can be proved by any evidence, including witnesses.
In the concrete case, the basis for the follow-up is … 2. Following the finalization of the decision of the Family Court dated 20.01.2012 numbered 2012/25 Principal Decision 2012/22, 250.00 SHER subsidiary alimony was awarded for the two joint children and the decision was finalized on 27.02.2012. When the creditor is acting … 4. In the follow-up file numbered 2014/10726 of the Enforcement Office, the follow-up request dated 22.08.2014 and the participation and poverty alimony receivables between 27.08.2013 and 27.07.2014 were requested. … 1. With the decision of the Family Court dated 03.06.2014 numbered 2014/31 Esas 2014/294, custody of the joint children was given to the father and the decision was finalized on 01.10.2014. In order for the debtor to be held responsible for paying alimony in respect of the children for whom alimony has been ruled in his favor, the child must be present with the creditor. The debtor claims that the joint children have been staying with him since June 2013, claiming otherwise, and this claim can be proven with any evidence. It is based on the witness evidence by the debtor party. Accordingly, it is inappropriate for the Court to decide that the joint children have been staying with the father since June 2013 without hearing the debtor’s witnesses.
CONCLUSION : With the acceptance of the appeals of the debtor’s attorney, the Court’s decision was based on the reasons written above, 366 of the HR COMMITTEE and 428 of the HRC. in accordance with Articles 366/3 of the IIK by the parties to its deterioration. In accordance with the article, it was unanimously decided on 15.01.2018 that a decision correction request can be made against the announcement within 10 days from the notification of the Chamber decision of the Court of Cassation and that the advance fee will be returned to the appellant if requested.

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