An alimony increase lawsuit is a type of case in which the alimony creditor requests an increase in alimony payments from the obligor due to changing economic conditions. The reason for the increase may be based on the parties' changing financial circumstances or social needs. Particularly in inflationary countries, alimony amounts determined by courts often become insufficient to meet even the most basic living expenses, making such lawsuits common. In such cases, the alimony awarded to the recipient becomes ineffective, leading to financial hardship.

The legal basis for an alimony increase lawsuit is Article 176 of the Turkish Civil Code No. 4721. The fourth paragraph of this article states: "If the financial circumstances of the parties change or if required by equity, the alimony may be increased or decreased." Additionally, it should be noted that only periodic (installment-based) alimony payments can be subject to an alimony increase lawsuit, as inferred from this provision.

To comprehensively evaluate alimony increase lawsuits, it is appropriate to examine them separately for the four types of alimony:

1.     Poverty Alimony

2.     Temporary Alimony

3.     Child Support Alimony

4.     Support Alimony

Poverty alimony is a type of alimony awarded when one spouse falls into financial hardship due to divorce. However, the spouse receiving alimony should not be at greater fault than the other party. Before proceeding with a discussion of poverty alimony and other alimony types, it is essential to define the concept of "poverty." According to the ruling of the General Assembly of the Court of Appeals dated 07.06.1998 (1998/656; 688), poverty is defined as "the inability to cover necessary expenses such as food, clothing, shelter, health, transportation, and cultural needs to maintain one's material well-being."

Poverty alimony can be requested indefinitely as long as the obligor has the financial capacity to pay. However, contrary to common belief, "indefinite" does not mean the obligation lasts forever. The alimony obligation automatically terminates in the event of the recipient's remarriage or the death of either party. Additionally, the court may terminate alimony if the recipient enters a de facto marital union, overcomes poverty, or leads a dishonorable life. These conditions for termination are specified in Article 176(3) of the Turkish Civil Code.

Poverty alimony can be paid as a lump sum or in periodic installments. As mentioned earlier, lump sum alimony cannot be subject to an alimony increase lawsuit since the payment obligation has already been fulfilled. However, for periodic payments, an increase lawsuit may be filed due to economic or social changes. It is also important to note that an alimony increase lawsuit does not preclude the possibility of a decrease in alimony if financial conditions change significantly.

Temporary alimony is a provisional measure ordered by the court to ensure the minimum subsistence and shelter of the financially disadvantaged spouse during divorce or separation proceedings. Since contested divorce cases can last for years, it is essential to prevent financial hardship during this period, particularly for children.

Temporary alimony is regulated under Article 169 of the Turkish Civil Code, which states: "When a divorce or separation lawsuit is filed, the judge shall, on their own motion, take the necessary temporary measures for the spouses' accommodation, subsistence, management of assets, and the care and protection of children during the proceedings."

Since temporary alimony is determined by the judge as an interim measure, there is no need to file a separate lawsuit for an increase. Instead, the request should be made directly to the judge handling the divorce case. Otherwise, the request may be procedurally dismissed. As financial conditions of the parties may change over time, the judge may decide to increase the amount of temporary alimony after conducting a review.

Child support alimony is intended to ensure that the parent who does not have custody contributes financially to the child's maintenance and education. This obligation is based on Article 182(3) of the Turkish Civil Code, which states: "When determining the non-custodial parent's personal relationship with the child, the child's best interests in terms of health, education, and morality shall be considered. This parent is obliged to contribute financially to the child's maintenance and education."

If the initial amount set by the court is insufficient to cover the child's expenses, the custodial parent may request an increase. Upon request, the alimony may be adjusted to account for future inflation. Given that the child's best interests are paramount, the judge may order an increase in child support when necessary.

Child support generally continues until the child turns 18. However, if the child is still in education and unable to support themselves, they may request support alimony, as explained in the following section.

According to the Turkish Court of Appeals (Decision No. 2015/2135, 2015/10727, dated 10.06.2015), "Support alimony is a form of social assistance aimed at preventing family members from falling into poverty or destitution and is a duty imposed by moral and traditional values."

Unlike divorce-related alimony, support alimony is independent and based on familial solidarity. It applies to direct relatives such as ascendants, descendants, and siblings. The legal basis is Article 364 of the Turkish Civil Code, which states: "Anyone who, if they fail to provide support, would cause their ascendants, descendants, or siblings to fall into poverty is obliged to provide alimony."

Thus, support alimony is only granted to prevent a family member from experiencing financial hardship. However, as with other types of alimony, the amount must not impoverish the obligor while relieving the recipient's hardship.

A claim for support alimony must consider inheritance priority. For example, a descendant in need must first claim alimony from their parents before seeking it from siblings. Moreover, a sibling is only obligated to pay support alimony if they are financially well-off. The law does not provide a strict definition of "well-off," so courts evaluate it on a case-by-case basis. Additionally, if requested, the court may determine periodic increases for support alimony.

However, a specific provision applies to children under Article 328(2) of the Turkish Civil Code: "If a child has reached adulthood but continues their education, the parents are obliged to provide support in proportion to their circumstances until the education is completed." This is considered a special form of support alimony, as the primary aim is to support education rather than prevent poverty. Courts will assess both financial needs and the nature of the education to ensure it is pursued in good faith and not unreasonably prolonged.

Parties may agree on an annual percentage increase in alimony payments. If no agreement exists, the court determines the increase, typically based on the Consumer Price Index (CPI). According to the General Assembly of the Court of Appeals (Decision No. 2013/1557 E. – 2015/2021 K.), the increase should be calculated using the 12-month average of the Producer Price Index (PPI) published by the Turkish Statistical Institute (TÜİK).

An alimony increase lawsuit is filed based on an existing alimony order. If alimony was not awarded in the divorce case, there is no pre-existing right to increase. In such cases, a separate alimony lawsuit must first be filed within one year of the final divorce judgment, per Article 178 of the Turkish Civil Code.

Unlike initial alimony claims, there is no statute of limitations for an alimony increase lawsuit. However, courts may view frequent lawsuits as bad faith. The competent court for these cases is the family court where either party resides.

An alimony increase lawsuit can be filed at any time if financial conditions warrant it. However, the amount will always be proportional to the obligor's financial capacity. The primary purpose of alimony is to prevent poverty, not to provide luxury.