T.C.
SUPREME
8. LEGAL DEPARTMENT
E. 2015/15599
K. 2018/332
T. 15.1.2018
At the end of the proceedings between the parties and in the case described above
The court has decided to dismiss the case and the verdict will be appealed by the plaintiff
on it, the dossier was examined by the Department, considered necessary:
Decision: the debtor’s attorney, follow-up with an injunction based on the warrant that he will receive alimony against his client
initiated, but alimony is regularly paid, starting in June 2013
6.000,00 requested with interest, stating that the joint children remain in the client’s possession
TL requested that the cancellation of the follow-up be decided in respect of the associate alimony.
The court’s decision to change custody was finalized on 01.10.2014.
a request for the abolition of associate alimony in a court decision on its replacement
and since there is no provision, alimony lasts until 01/10/2014, requested in follow-up
it is decided to reject the appeal on the grounds that the claim is prior to this date.
the sentence was appealed by the debtor’s attorney.
In the continuing case law of the Supreme Court; in respect of the child who is ruled in favor of alimony
the child’s creditor is next to the debtor so that the debtor can be held responsible for paying child support
should be found, the debtor has to claim that the child is staying with him
in the event, the rule was adopted that this claim could be proved with all kinds of evidence, including witnesses.
In the concrete case, the follow-up basis is … 2. Basis of Family Court 20.01.2012 date 2012/25
2012/22 Decision No. 250,00 following the finalization of the decision for two children jointly with Decree No.
şer TL participation alimony was decided and the decision was finalized on 27.02.2012. Lender
by proxy … 4. Execution Office’s follow-up File No. 2014/10726 dated 22.08.2014
participation and poverty support in the period of 27.08.2013 – 27.07.2014 with follow-up request
claims have been requested. … 1. Family court 03.06.2014 date 2014/31 basis 2014/294
The joint custody of the children was given to the father with the Decree No. 01.10.2014
it has been confirmed in its history. Child support of the debtor in respect of children who are ruled in favor of alimony
in order to be held liable for payment, the child must be present with the creditor. Debt
arguing otherwise, the joint children have been on their side since June 2013.
he claims to have stayed, and his claim can be proved with all kinds of evidence. Witness by debtor party
based on his evidence. Accordingly, the court has decided that the joint children are due in June 2013.
from now on the decision is made without hearing the debtor’s witnesses that he has stayed with the father
isabetsiz is.
Conclusion: with the acceptance of the appeal appeals of the debtor’s attorney, the decision of the court is written above
for reasons 366 of iik and 428 of Humk. deterioration in accordance with the articles, by the parties
Iik’s 366/3. according to Article 10 against the proclamation from the notification of the Court of Cassation Office
if a decision correction request can be made within the day and a cash fee is requested
his extradition to the appellant was decided unanimously on 15.01.2018.