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The concept of child support in Turkey, known as child maintenance in legal terms, refers to the financial support provided by one parent to the other to cover the child’s care and educational expenses, as outlined in the Turkish Civil Code. It is a legal arrangement established to ensure the child’s continued well-being and protection of their best interests in the event of divorce or separation. Child maintenance aims to meet the child’s basic needs and maintain their standard of living. For regulations related to child custody, you can visit our page on Child Custody in Turkey.
In accordance with Articles 182, paragraphs 3 and 4, and 327 of the Turkish Civil Code, along with other relevant provisions, parents are responsible for covering the necessary expenses for the care, education, and protection of their children. Child maintenance in Turkey is a type of alimony paid by the parent who does not have custody of the child to the parent who has custody, to contribute to the child’s expenses following a divorce or separation. This support ensures that the non-custodial parent contributes financially to the child’s needs, such as health, education, housing, and clothing, in proportion to their financial capacity.
The primary goal of child maintenance in Turkey is to meet the child’s material needs and preserve the standard of living they enjoyed during the family’s time together. By doing so, the negative effects of divorce or separation on the child are minimized, with the best interests of the child being prioritized. As child maintenance concerns the welfare of the child, it is closely related to public policy.
During divorce or separation proceedings, if the court orders temporary support for the child, this support can be converted into child maintenance once the divorce is finalized. However, it should be noted that, while the child’s best interest remains paramount, the judge is bound by the request when determining the amount of child maintenance in Turkey.
Article 329 of the Turkish Civil Code – The parent who is actually taking care of the minor child can file a maintenance claim on behalf of the child against the other parent. In cases where the minor child lacks discernment, the maintenance claim can also be filed by the guardian or legal representative appointed. A minor child who has discernment can also initiate a maintenance claim.
Child maintenance is a type of financial support that can be requested to cover the child’s care, education, health, and other needs. This maintenance can be requested by the custodial parent who is responsible for the child’s care in Turkey. Additionally, children with the capacity to discern can also request child maintenance, as can the guardian or trustee of minors who do not have this capacity.
The obligation of child support also applies to children born out of wedlock. In such cases, the parent who does not have custody is required to contribute to the child’s education, health, and other expenses. If the necessary conditions are met, the custodial parent may request this maintenance. Similarly, child maintenance in Turkey can be requested in a separate lawsuit for children born after the finalization of a divorce.
There are several key conditions required to request child maintenance in Turkey, which include:
In light of these conditions, the court will decide on child maintenance in Turkey, prioritizing the child’s well-being.
Child support, can be requested during legal proceedings such as divorce or paternity cases, or through a separate child support case until the child reaches adulthood. Since this type of support is intended to cover the child’s care and needs, it is closely tied to public order. As a result, there is no statute of limitations or expiry period for claiming child maintenance in Turkey.
For example, spousal support (alimony) must be requested within one year after the divorce is finalized. However, child support can always be requested until the child reaches adulthood, as it is based on the best interests of the child and public order.
In practice, child support in Turkey is typically requested during the divorce case, and the court is asked to order temporary support (interim maintenance) for the child during the proceedings. This ensures that the child’s care expenses are covered until the divorce is finalized and a permanent decision is made.
Child support can be requested in both contested and uncontested divorce cases. However, there are some differences in how support is requested and granted in these two types of cases.
In contested divorce cases, child support is granted in favor of the parent who gains custody of the child. Therefore, the parent requesting child support in Turkey must also request and be awarded custody of the child. The purpose of child support is to ensure that the parent without custody contributes financially to the child’s care and expenses according to their income.
In these cases, the amount of child support is determined by the judge after assessing the financial and social situations of the parties, the child’s age, education, care, and other needs. Each case is evaluated based on its unique circumstances.
In the divorce petition, the parties may request that the child’s temporary custody be awarded to them during the trial and that temporary child support be granted to cover the child’s needs under Article 169 of the Turkish Civil Code. If custody is awarded to the requesting party upon divorce, child support will also be ordered. This ensures the child’s financial needs are secured both during and after the divorce process.
However, parties should consider factors like inflation and the potential duration of a contested divorce when specifying the requested amount of child support in Turkey.
In uncontested divorce cases, the parties are free to negotiate and agree on issues such as custody, support, compensation, and property division. Once an agreement is reached, they submit a written settlement (divorce protocol) to the court. The judge reviews the protocol and may make necessary adjustments or approve it as agreed by the parties.
In uncontested divorces, child support is determined according to the parties’ agreement. However, since child support concerns public order and the child’s best interest, the judge may intervene and propose a support arrangement for the parties’ approval. For instance, if child support is not included in the protocol, the judge may suggest adding a specific amount. If the parties do not accept this change, the uncontested divorce may be rejected.
This highlights the importance of child support in public order and ensures that the child’s rights are protected.
Even if child support is not ordered during the divorce proceedings, it can still be requested after the divorce is finalized. Unlike spousal support, there is no statute of limitations or expiry period for child support. It can be requested at any time until the child reaches the age of 18, as child support is a matter of public order.
However, after the child turns 18, it is not possible to claim retroactive support for the period before the child became an adult. Therefore, if child support is not requested during the divorce, it should be claimed promptly after the divorce is finalized.
Additionally, even if child support is not requested in contested divorce cases, the judge may still award it on their own initiative to protect public order and the child’s best interests.
Child support in Turkey can also be requested in paternity cases, where there is no established biological relationship between the father and child. In such cases, paternity must first be established through a paternity lawsuit. During the paternity case, the request for child support can also be made, and if paternity is confirmed, child support will be granted.
Under Article 333 of the Turkish Civil Code, child support can be requested along with the paternity lawsuit. If the judge finds the likelihood of paternity strong, they may order temporary support for the child even before the case is concluded. This ensures that the child’s material needs are met during the trial.
Mediation can also be used as a method to reach an agreement between the parties. Mediation is an alternative dispute resolution method where a neutral third party (the mediator) facilitates communication and negotiations between the parties to help them reach an agreement.
In child support cases, mediation allows the parties to agree on the child’s needs and the amount of support. The mediator facilitates communication, meets with the parties to understand their concerns and needs, and ensures that negotiations proceed constructively.
The mediator encourages the parties to reach a fair child support agreement, taking into account factors such as income, expenses, the child’s needs, and the standard of living. With the mediator’s assistance, the parties can agree on a child support arrangement that protects the child’s best interests and is acceptable to both sides.
The agreement reached through mediation must be approved by the court. The court will review the agreement to ensure that it is fair and based on the free will of both parties. Once approved by the court, the child support agreement becomes legally binding and enforceable.
In conclusion, mediation is an effective method for reaching an agreement on child support in Turkey. With the help of a mediator, the parties can determine a fair and appropriate child support arrangement based on the child’s needs.
The question of how much child support will be in Turkey is addressed according to Article 330 of the Turkish Civil Code, and several factors are taken into account. The amount of support is calculated based on the needs of the child, as well as the financial status, living conditions, and payment abilities of both parents.
The court considers the following criteria when making a decision:
Child support is paid monthly to cover the child’s expenses. The judge also has the authority to increase or decrease the amount in the future, based on the social and economic conditions of the parties.
Example from the Court of Cassation: A ruling by the General Assembly of the Court of Cassation (Case No. 2013/1539 E. and 2015/1007 K.) sheds light on this issue. The court emphasized that the amount of child support should be determined by considering the child’s needs and the economic and social circumstances of the parents.
Therefore, the answer to how much child support will be in Turkey depends on the specific circumstances of each case, and there is no fixed amount.
Child maintenance in Turkey is calculated in accordance with Article 330 of the Turkish Civil Code. This calculation takes into account the financial status of both the parent responsible for support and the parent with custody, as well as the child’s educational, housing, transportation, healthcare, and other essential needs.
To prevent child support from losing its value due to inflation or economic conditions, the court may order an annual increase in the child support amount. Typically, the court rules that the amount should be increased in line with annual inflation rates. This ensures that the child’s needs continue to be met while accounting for currency devaluation.
The support increase is generally based on economic indicators such as the Producer Price Index (PPI) or the Consumer Price Index (CPI) published by the Turkish Statistical Institute (TÜİK).
There is no fixed percentage of salary that applies to child support in Turkey. Although there is a common belief that child support cannot exceed 1/4 of a salary, this is not accurate. Child maintenance in Turkey is determined based on the specific circumstances of each case, within the judge’s discretion. Therefore, there is no rule that child support must be a certain percentage of the salary; each case is evaluated individually.
In Conclusion: Child support in Turkey is not limited to a fixed percentage of income. Instead, the amount is determined by the court after a detailed review of the economic situation of both parties.
Adult children can request maintenance support while continuing their education, as outlined in Article 328/2 of the Turkish Civil Code. According to this article, even if the child is an adult (over 18 years old), parents are obliged to support their child financially until the end of their education, depending on their circumstances.
Adult Children’s Support Requests:
In summary, adult children who are still studying can request maintenance support from their parents, and this support may continue until their education is completed.
Child support is a type of maintenance awarded after a divorce is finalized, intended to cover the shared child’s expenses for care, education, health, and other essential needs. However, during the divorce proceedings, the court may grant temporary child support to cover the child’s expenses during this period.
Conditions for Temporary Child Support:
In conclusion, temporary child support is provided to cover the child’s needs during the divorce process, while child support continues after the divorce is finalized.
Child support in Turkey can be adjusted to reflect changing circumstances, with the amount either increased or decreased. This process is regulated by the Turkish Civil Code, which provides guidelines for determining the amount and adjusting it based on changing conditions.
In summary, child support in Turkey can be adjusted based on changing needs and circumstances, with both increases and decreases being possible under Turkish law.
Over time, changes may occur in the child’s needs or the financial situation of the party paying the child support. Based on these changes, it is possible to request an increase or decrease in child support.
According to Article 331 of the Turkish Civil Code: “In case of a change in circumstances, the judge, upon request, may revise the amount of support or terminate the obligation.”
If the child’s needs or the financial situation of the person responsible for paying child support changes—for instance, if education expenses increase or the payer’s income decreases—it is possible to request an increase in the child support amount.
One of the parties can request an increase in child support through a lawsuit based on changing conditions. The judge will then decide whether to increase or decrease the amount of support. However, the judge cannot make this decision on their own initiative; a formal request must be made. A child support increase lawsuit can be filed at any time until the child reaches adulthood.
If the financial strength of the party paying child support decreases or the financial situation of the party receiving support improves, a request can be made to decrease the amount of child support. The party paying support must prove that their financial situation has worsened, for example, by demonstrating a reduction in income or other financial difficulties.
A lawsuit to decrease child support can also be filed if the agreed amount of support during the divorce becomes unreasonable due to changing conditions. There is no statute of limitations for filing a child support decrease lawsuit, meaning there is no time restriction for initiating this process.
Summary:
Both types of lawsuits are assessed by the court based on evidence of changes in circumstances and require a thorough review of the situation.
The rate of increase for child maintenance in Turkey is crucial for meeting the growing economic needs of the child. It is typically determined based on the decision of the court that orders the child support. Below are key points about how this increase rate is determined:
Increase Rate Stipulated in Court Decisions:
When the Court Decision Does Not Specify an Increase Rate:
Calculating the Rate of Increase for Child Support:
A Social Investigation Report is often used in determining the amount of child support. This report is prepared by an expert and evaluates the child’s needs, the parents’ financial situations, and other relevant factors.
The report is prepared by a neutral expert, usually upon the court’s request, and assesses the child’s needs and the financial situations of both parents. It helps ensure that the child’s best interests are taken into account when determining the support amount.
Steps Involved in a Social Investigation:
The social investigation report plays a significant role in determining child support by offering an impartial assessment of the child’s needs and the parents’ financial capabilities. The court heavily relies on this report when making its final decision regarding the support amount.
Child support, paid between divorced parents to meet the child’s care and needs, is crucial for the healthy growth and development of the child. However, there may be instances when payment issues arise, and support payments may be disrupted.
Here are key points to know regarding the enforcement of child support:
In conclusion, the amount of child support and its enforcement is very important for safeguarding the child’s welfare and needs. Making regular payments as per the court decision and initiating enforcement proceedings through legal means when necessary will contribute to the child’s healthy development.
The enforcement and recognition of child support refer to the legal processes carried out to ensure the payment of child support and its validity across different jurisdictions.
Child support is typically a payment determined by a court. The court issues a decision regarding child support based on the child’s needs, the financial situation of the parents, and other relevant factors. However, the enforcement and recognition of this decision may require another process to secure the payment of child support.
Enforcement of child support decision involves making a foreign court decision enforceable. In cases of non-payment of child support, the creditor must first apply to Turkish Family Courts to request the enforcement of the foreign court’s child support decision. The Family Court will decide on the enforcement if it finds no violation of the Turkish Legal System or public interest in the decision. After the enforcement decision of child support, the creditor can request the collection of the debt through enforcement proceedings, and the relevant enforcement offices will carry out the necessary actions in favor of the creditor.
Recognition of child support decision is a process that ensures a court decision is valid and enforceable in different jurisdictions. If the creditor or debtor of child support moves to a different jurisdiction, a recognition process may be required in that jurisdiction to apply the child support decision. In this process, the validity and enforceability of child support will be assessed by the courts in the relevant jurisdiction. The court will carry out the necessary procedures for the recognition and enforcement or arrangement of child support.
The enforcement and recognition of child support ensure that it is paid regularly and remains valid in different jurisdictions. These processes play a significant role in protecting child support and ensuring its enforcement. The enforcement and recognition of child support are necessary to protect the rights of the creditor and secure child support.
To address the challenges encountered in the enforcement of custody and support decisions at the international level and to establish a more effective uniform application, the 1996 Hague Convention on Protection of Children and the 1980 Hague Convention on the Civil Aspects of International Child Abduction play a significant role. Turkey is a party to these conventions and implements these mechanisms in matters of international child protection and custody.
These conventions establish the procedures for the enforcement of foreign court decisions related to custody and support among the contracting countries. Thus, the aim is to eliminate the complexities arising during the recognition and enforcement of court decisions made in different countries and to conduct a more efficient process.
In Turkey, the enforcement of custody and child support decisions issued by foreign courts is carried out in accordance with these Hague Conventions. In this context, these court decisions are recognized and made enforceable in Turkey. The Hague Conventions contribute to the protection of international child protection rights by enhancing international cooperation in this area.
The primary objective of these international conventions, to which Turkey is a party, is to create a common ground for resolving cross-border family law disputes, to consider the best interests of the child, and to address legal gaps in the international arena.
Child support in Turkey can end under various circumstances:
In summary, the termination of child support is often based on factors such as the child reaching a certain age, financial needs being met, marriage, or independent living. However, these circumstances can differ between countries and are subject to court decisions. For this reason, it is necessary to seek support from a child support lawyer in Turkey.
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