In the event that the marriage union ends in divorce, many legal issues are opened for discussion. Alimony, which is one of the secondary consequences of divorce, is of great importance in this sense. Because the demands of the parties directly affect the litigation process. Particularly, the mutual demands and expectations of parents who have children are extremely decisive in resolving issues such as alimony and custody. In this article, we will look for answers to frequently asked questions about participation support. Child support, which is classified as a secondary consequence of divorce in the doctrine; The use of custody, in proportion to the social and economic power of the spouse, in order to meet the expenses of raising the common child or the child adopted together, accommodation, nutrition, health, care and education by the spouse who is not left to use the custody, emerges as the type of alimony paid to the spouse given to him/her. One of the most important points to be underlined here is the legal difference between alimony and interim alimony. The alimony given to children until the divorce decision is finalized is called interim alimony, while the alimony given after the divorce decision is finalized is called participation alimony. Affiliate Alimony is Related to Public Order Since child support is related to public order, the judge has to make a decision on this issue. As a matter of fact, the decisions of the Supreme Court are in this direction. In the judgment of the 3rd Civil Chamber of the Court of Cassation dated 14.10.2003 and the decision numbered 2003/1225 and 2003/1222; “182/2 of the TMK. According to the article, in the event of divorce or separation, the spouse who is not given custody has to participate in the child’s care and education expenses in proportion to his/her power. This issue is related to public order and has not been subject to the will of the parties” and it has been concluded that the child support is related to public order. Therefore, even if the parties do not make any demands, the judge has to decide on the relevant alimony ex officio. The child is the creditor of the child support. The provision in the law regarding participation alimony is as follows: “ The mother or father who actually cares for the minor can file a alimony suit against the other on behalf of the child. In cases where it is necessary for the minor who does not have the power to discriminate, the alimony case can also be filed by the trustee or guardian to be appointed. The minor who has the power to discern can also file a lawsuit for alimony.” (TMK; art. 329) How is Affiliate Alimony Calculated? The answer to the question about how the alimony will be calculated is contained in Article 330 of the TMK. According to this; “The amount of alimony is determined by taking into account the needs of the child, the living conditions of the parents and their ability to pay. In determining the amount of alimony, the income of the child is also taken into account. (TMK; art. 330/I) As it is clearly stated in the article, the needs of the child, the living conditions of the parents and their ability to pay are decisive in the calculation of the alimony to be determined in favor of the child. In more basic terms, the alimony to be awarded in favor of the child should be in the amount to meet the basic needs of the child such as shelter, clothing, food, education and health. On the other hand, the living conditions and economic power of the parents should also be taken into consideration. While determining the amount of alimony, the judge benefits from his general experience. Factors such as the child’s age, health status, educational status, and personal income are also determinative criteria in determining alimony. In case of agreement of the parties, alimony can also be determined. How Long Will Affiliate Alimony Be Paid? One of the most curious questions in practice is the question of how long the alimony will be paid. As a rule, alimony ends on its own as soon as the child for whom alimony is awarded becomes an adult. The fact that a child is an adult does not mean that he has turned 18 years old. A child can become an adult by completing the age of 18, or by marriage or a court decision. On the other hand, if the child who turns 18 continues his education, the obligations of the parents continue. In this case, the alimony to be demanded in favor of the child is not alimony but alimony. Timeout in Affiliate Alimony Affiliate support can be requested at any time until the child becomes an adult. Affiliate Alimony cannot be enforced until it is finalized Poverty and alimony take effect after the finalization of the divorce decree. In this case, the court should investigate whether the divorce decree has been finalized. Therefore, alimony cannot be enforced before it is finalized.
