T.R. SUPREME COURT
2. Legal Department
Basis: 2016/13335
Decision: 2016/12661
Decision Date: 28.06.2016
DIVORCE ACTION – JURISDICTION TO THE MONTHLY AFFILIARY ADMINISTRATION FOR THE JOINT CHILD, INCLUDING THE EDUCATION EXPENSES – NO LONGER IT IS POSSIBLE TO REQUEST EDUCATIONAL EXPENSES FROM THE FATHER ALSO BASED ON THE PROTOCOLL – JURISDICTION JURISDICTION
SUMMARY: For the joint child İnci, the monthly alimony of 1.050 TL includes the education expenses, and this provision has abolished the 5th article of the protocol signed by the parties at the time of the uncontested divorce. From now on, it is not possible to demand educational expenses from the defendant father for İnci, based on the protocol. The opposite thought results in the father paying education expenses twice. For this reason, while it should be decided to reject the case, the decision to accept the case with insufficient justification required annulment.
(4721 S. K. Art. 4, 166)
Litigation and Decision: The judgment rendered by the local court at the end of the trial between the parties, whose date and number is indicated above, was appealed, the documents were read and the necessary considerations were considered:
Parties 166/3 of the Turkish Civil Code. In accordance with the article, they divorced unanimously and the divorce protocol dated 31.01.2012 was approved by the court, and the decision became final on 24.11.2014. In the 5th article of the petitioner’s finalized divorce protocol, “All the educational expenses of the children of the parties … and during the studentship process will be covered by their fathers.” Against the defendant in terms of the educational expenses of the 2013-2014 academic year, which were not paid in accordance with the provision. With the file numbered 2014/9912 of the Enforcement Directorate, enforcement proceedings were initiated, and the proceedings were stopped upon the objection of the defendant debtor man. The plaintiff requested the annulment of the objection, the court decided to cancel the objection and continue the proceedings, and the plaintiff’s demand for execution denial compensation was accepted, and the defendant appealed the decision.
On 25.09.2013, the plaintiff filed a child support lawsuit based on the 5th article of the protocol, and the lawsuit was accepted with the decision of the Family Court with the decision numbered 2013/760 and 2014/509, and 650 TL child support was decided in favor of the joint child İnci. The decision was appealed by the plaintiff, with the decision of the 3rd Civil Chamber of the Supreme Court of Appeals with the decision numbered 2014/17939, decision number 2015/4192 and dated 16.03.2015, “… In the 5th article of the protocol arranged between the parties in the divorce case, all the educational expenses of İnci during her studentship were paid by the defendant father. understood that it will be met. The main thing is the principle of commitment to the contract. It has been understood that … is an 8th grade student, he is studying in college, the annual fee of the school is 10,557,00 TL, and he also has 1,800,00 TL of classroom expenses. Considering the social and economic conditions of the parties, the nature of the alimony, the age of the joint child, his educational status, his needs, and the income status of the alimony obligator (defendant father), the amount of alimony appraised is low and it is a alimony in accordance with the principle of equity emphasized in Article 4 of the Turkish Civil Code. As it should be appreciated, it was deemed wrong to make a written judgment, and this matter required reversal.” It was overturned on the grounds of reversal, with the decision of the same court with the decision of 2015/319 on the basis of 2015/456 and the decision dated 07.07.2015, it was decided to pay 1.050 TL in favor of the child.
In this case, for the joint child İnci, the monthly child support of 1.050 TL includes the education expenses, and this provision has abolished the 5th article of the protocol signed by the parties during the consensual divorce. From now on, it is not possible to demand educational expenses from the defendant father for İnci, based on the protocol. The opposite thought results in the father paying education expenses twice. For this reason, while it should be decided to reject the case, the decision to accept the case with insufficient justification required annulment.
Conclusion: It was unanimously resolved that the appealed judgment be quashed for the reason stated above, that the appeal fee be returned to the depositor upon request, with the possibility of rectification open within 15 days from the notification of this decision.28.06.2016