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What Happens If Alimony Is Not Paid? Execution Proceedings and Restraint Imprisonment (2026) Judicial Proceedings for Alimony Receivables, Priority in Salary Seizures, EBL art. Restraint Imprisonment within the Scope of Article 344 and the Effect of the Constitutional Court's Indefinite Alimony Decision on the Payment Obligation Updated as of 2026
Failure to pay the alimony determined by the court decision opens two effective ways for the creditor: seizure of the debtor's salary and assets through enforcement proceedings with a judgment and Article 1 of the Execution and Bankruptcy Law. In accordance with Article 344, repressive imprisonment for up to three months. Alimony receivables have priority over other receivables in wage garnishment. The decision of the Constitutional Court annulling the phrase "indefinite alimony" was published in the Official Gazette on September 30, 2026 and will enter into force on June 30, 2027; This decision does not eliminate existing alimony debts.
Decisions regarding measures, participation and alimony are judgments and are followed through execution by judgment. Provisions regarding alimony can be enforced without waiting for finalization, taking into account the livelihood function of alimony. Proceedings are initiated in any enforcement office upon the request of the alimony creditor or the custody holder on behalf of the child. In the follow-up request, it must be clearly shown for which months the alimony has not been paid.
An enforcement order is notified to the debtor. If the debtor does not pay the accumulated alimony within 7 days from the notification of the enforcement order, seizure proceedings begin. As long as the follow-up is kept open, monthly alimony that will be due in the future can also be collected from the same file; There is no need to open a new follow every month.
EIC m. In accordance with Article 83, in the seizure of salaries and wages, as a rule, not less than one quarter of the salary is seized, provided that the amount necessary for the living of the debtor and his family is left. However, this limit is not valid for alimony receivables. The enforcement director may also seize more than a quarter of the salary, taking into account the essential needs of the debtor and his/her dependents. In addition, even if there are other liens placed on the salary, alimony is collected before waiting in line.
The debtor who does not comply with the alimony decision is sentenced to imprisonment for up to three months upon the complaint of the creditor. Restrained imprisonment is not a punishment, but a means of coercion to ensure payment. Therefore, if the debtor pays the accumulated alimony, he will be released immediately. If alimony is not paid again after payment, a complaint can be filed again.
The creditor files a complaint with the enforcement criminal court.
EIC m. In accordance with Article 347, the complaint must be made within three months after learning that the alimony has not been paid, and in any case within one year after the act of non-payment. Since in practice each unpaid period is considered as a separate act, it is recommended that the complaint be based on the most recent unpaid periods and that the periods be followed closely.
The fact that the debtor claims that he does not have the ability to pay does not, by itself, prevent the imprisonment; However, the court may consider this situation if the debtor proves that he really does not have the opportunity to pay. In such cases, the debtor must file a lawsuit to reduce or abolish alimony; Filing a lawsuit alone does not justify non-payment of alimony.
TCK art. Article 233 criminalizes failure to fulfill care, education or support obligations arising from family law. In case of non-payment of alimony, firstly, EBL Art. Coercive imprisonment within the scope of Article 344 is applied. However, in cases where a child or spouse in need of care is put in serious trouble, criminal law may also be on the agenda.
Constitutional Court, TMK art. It canceled the phrase in Article 175 stating that alimony can be requested "indefinitely". The decision was published in the Official Gazette dated September 30, 2026, and it was decided that the cancellation provision would come into force nine months later, on June 30, 2027. This period is foreseen to give the legislature the opportunity to make a new regulation.
Cancellation decisions are not retroactive; Existing alimony decisions do not disappear automatically.
Until the effective date and unless a new legal regulation is made, TMK art. Article 175 continues to be implemented in its current form.
Participation alimony (alimony paid for the child) is not affected by this decision.
The decision does not constitute a justification for non-payment of the accumulated alimony debt; The ways of enforcement proceedings and coercive imprisonment are open.
With the divorce decision, the father was sentenced to pay monthly alimony for his child. The father has not been making payments for four months, thinking that "the alimony has been abolished" after the Constitutional Court decision. The mother knows that the father receives a regular salary in the private sector.
The Constitutional Court decision is only related to the indefinite period of alimony; It has no effect on child support. The mother can seize the father's salary by initiating enforcement proceedings; Alimony receivable is collected before other liens on the salary. After the notification of the enforcement order, the court may file a complaint with the enforcement criminal court for the unpaid periods and request that the father be imprisoned for up to three months. If the father makes the payment, the forced confinement ends.
Does the alimony amount increase automatically every year?
If the court decision stipulates an increase in the annual CPI or PPI rate, the increased amount can be requested directly in the enforcement proceeding. If there is no increase in the decision, a lawsuit to increase alimony must be filed.
What can be done if the debtor is abroad?
Their property and rights in Türkiye may be seized. Applications for collection abroad can be made through the Ministry of Justice within the scope of the New York Convention on Collection of Alimony in Foreign Countries dated 1956.
Can accumulated alimony be requested as a lump sum?
Yes. Unpaid alimony for past periods can be requested in a single proceeding; However, it is recommended not to wait for a long time due to the risk of statute of limitations objection.
Does forced imprisonment work on your criminal record?
No. Restrained imprisonment is not a criminal conviction and is not recorded in the criminal record.
Paying alimony manually and leaving it undocumented; Payments must be made through the bank and by writing a statement.
The creditor files a complaint against confinement before the enforcement order is notified.
Missing the three-month complaint period.
Considering the debtor's reason for not paying the Constitutional Court decision.
When income decreases, automatically stopping the payment instead of filing a lawsuit to reduce alimony.
Alimony is not a right on paper, but a receivable secured by means of enforcement and pressure. The correct follow-up strategy, effective use of lien priority and meticulous monitoring of complaint periods ensure that the receivable is collected in a short time. Küheylan Law Firm carries out fast collection processes for alimony creditors and legal solutions appropriate to changing economic conditions for alimony obligors, taking into account the effects of the current Constitutional Court decision.
Important Legal Notice: This guide has been prepared for general information purposes and does not constitute legal advice. Since each dispute involves unique facts, the file must be evaluated separately by a lawyer in order to avoid loss of rights in a concrete case. The legislation and case law information contained in the text is up to date as of the date of publication; subsequent changes may affect the result.
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