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IS IT POSSIBLE TO DEMAND ALIMONY FOR THE PAST TIME?
⚡️QUESTION;
I have not lived with my husband for 4 years. During the past period, I did not apply to the court to collect alimony. I have now filed for alimony and a court order has been issued to collect alimony. The question is, can I claim alimony from my husband for the past 4 years?
⚡️ANSWER;
Article 136 of the Family Code states that alimony shall be collected from the moment of filing a claim with the court. That is, when you apply for alimony collection, the collection starts from that moment. It is not charged for the past time.
However
If it is determined by the court that measures to obtain funds for maintenance were taken before applying to the court, but the alimony was not received due to the refusal of the person obliged to pay alimony, then the alimony for the previous period shall be paid from the time the alimony was applied to the court. This article also states that it can be recovered within a three-year period.
✏️ Empty words like "I told him a thousand times about paying alimony before applying to the court, I warned him, he knew he had to pay alimony, but he didn't pay until now." does not lead to what is said to be. The court is based on clear evidence and evidence. Most likely, you do not have evidence that you have taken measures to collect alimony before the court. Therefore, alimony will be charged to you from the moment you apply.