If The Alimony Pay Day Coincides With The Holiday

26 Apr If The Alimony Pay Day Coincides With The Holiday

If it is decided by the family courts to pay child support in favor of the common children or the spouse who is in poverty, the spouse against whom the provision is established shall be under the obligation to pay child support.

In the provision established by the court regarding the payment of alimony, the alimony payment day may be determined as a specific day of each month. In this case, alimony payment must be made regularly every month by the spouse of the child support debtor on the day determined by the court. If alimony payments are not made by the debtor spouse on the day determined by the spouse in favor of alimony is decided by the spouse has become due to the child support debt related to the follow-up can be started.

However, an exception was introduced by the Supreme Court in this case. If the day determined by the court as alimony payment Day coincides with the holiday day, then alimony can be paid on the first working day after the holiday day. If the alimony payment Day coincides with the holiday day, the execution follow-up should be initiated by the creditor on the first working day after the holiday day and in case the payment is made by the debtor on the same day, the cancellation of the follow-up should be decided by the Supreme Court.

Supreme Court 8. Department Of Law 2014/25994 E. 2016/11099 K. No. Notice Dated 23.6.2016

Case: within the period of the court decision with the date and number written above, the appeal examination was sent to the office from the file site upon request by the defendant and after listening to the report prepared by the examination Judge for the case file and reading and reviewing all documents in the file, it was discussed and considered as necessary:

Verdict: debtors acting complaint; … 1.The Family Court …ruled in its decision that it pays the alimony of associates regularly every month, and also that the follow-up for the alimony fee of £ 1000 for August 2014 is the 10th of the month in which the payment will be made. due to coinciding with the day of Sunday 11.08.2014, the follow-up will not be started and the cancellation of the follow-up has been decided.

By the court, the prosecution of the plaintiff who has paid the accumulated alimony due to the last day of the payment coming on holiday, has been initiated before the payment date and with the acceptance of the complaint, the 33rd of the ICJ.in accordance with the article 1.000.00-TL and fer’ileri terms,the cancellation of the execution, the rejection of the request for excess,was decided and the decision was appealed by the creditor’s attorney.

Basis for execution proceedings … 1.In the Family Court’s decision ” for the common child … on the 10th of every month … branch……1000 TL participation alimony to account no. is taken from the defendant and given to the plaintiff ” it is decided. The debtor stated in his application to the Enforcement Court that the payments had been made. 10 of the month of alimony money under the decree. since it is decided that the day will be deposited into the bank account, execution follow-up cannot be started for alimony which is not due .In this case, it should be decided to cancel the follow-up altogether, whereas the ICI’s 33rd.in accordance with the article 1.000.00-TL and fer’ileri in the form of the return of execution provision is not accurate.

Conclusion: 366/3 of the ICJ with the above written reasons of the court’s decision with the acceptance of the appeal objections of the Borçu deputy. article and provisional 3 of HMK No. 6100. article 428 of Humk, 1086, by dispatch. in accordance with article 366/3 of the ICJ by the parties, there is no room for review of the appellate appeals of the creditor’s deputy according to the reason for the impairment. in accordance with the article, it was unanimously decided on 23.06.2016 that a request for a correction of the decision can be made within 10 days of the notification of the court of Cassation’s office against the decision and that if a cash fee of TL 25.20 is requested, the return to the defendant who appealed.