How to Get Child Support in Turkey? | Soylu Law Firm
Child support — known in Turkish law as iştirak nafakası — is one of the most fundamental protections the Turkish legal system provides for children following a divorce or separation. When a marriage ends and custody of a child is granted to one parent, the other parent does not simply walk away from their financial responsibilities. Turkish law makes it unequivocally clear that both parents remain obligated to contribute to the upbringing of their child, regardless of who initiated the divorce or which party carries greater fault in the breakdown of the marriage.
The Legal Foundation
The legal basis for child support in Turkey is Article 327 of the Turkish Civil Code (Türk Medeni Kanunu), which states that both parents are responsible for covering the costs of care and education of their minor children. Building on this, Article 182/3 of the Turkish Civil Code explicitly provides that the parent who is not granted custody must contribute to the child’s care, health, education, and other essential expenses in proportion to their financial means.
The statutory text of Article 327 reads as follows:
“Both parents are obliged to meet the care and education expenses of their minor children.”
This obligation is not contingent upon fault, financial agreement, or any other circumstance of the divorce. Even in cases where one spouse has committed adultery, if custody of the child is granted to that spouse, they retain the full right to claim child support from the other parent. The principle underlying this rule is simple: parenthood does not end with marriage.
Who Can Claim Child Support
The right to claim child support belongs to the parent who has actual custody of the child, a guardian or trustee appointed for the child’s care, or in certain circumstances, the minor child themselves if they have sufficient legal capacity.
Article 329 of the Turkish Civil Code governs this right directly:
“The mother or father who is actually caring for the child may bring a maintenance action on behalf of the child against the other. Where necessary, a maintenance action may also be brought by a guardian or trustee appointed for a minor child who lacks the capacity to act. A minor child who has the capacity to act may also bring a maintenance action.”
It is important to note that child support in Turkish law is entirely separate from the question of spousal alimony (yoksulluk nafakası). The fault status of either spouse has no bearing on child support; the sole purpose is to ensure that the parent without custody contributes financially to the child’s upbringing, healthcare, housing, and education in proportion to their means.
How the Amount Is Determined
Article 330 of the Turkish Civil Code sets out the criteria for calculating the amount of child support. According to this provision, the amount is determined by taking into account the needs of the child and the living conditions and financial capacity of both parents. Any income the child may have is also considered by the court.
The full text of Article 330 reads:
“The amount of maintenance shall be determined by taking into account the needs of the child and the living conditions and financial capacities of both parents. The child’s own income shall also be taken into account in determining the amount of maintenance. The court may, upon request, determine in the judgment what amounts shall be paid in future years according to the social and economic circumstances of the parties.”
In practice, Turkish family courts conduct a holistic assessment. Factors considered include the paying parent’s income and financial power, the child’s education, health, housing, transportation, and general care expenses, as well as the financial situation of the custodial parent. The court’s overriding consideration is always the best interest of the child, a principle that is deeply embedded in both Turkish civil law and Turkey’s obligations under the United Nations Convention on the Rights of the Child.
Contesting Fault Does Not Affect the Claim
A common misconception in Turkish divorce proceedings is that a spouse found to be at fault in the divorce cannot claim child support. This is incorrect. Child support is arranged independently of the fault status of the parties; it is determined solely in line with the child’s needs. This reflects Turkey’s commitment to prioritizing the welfare of children above the conduct of the parents.
How to Apply: The Court Process
Child support in Turkey is typically requested within the divorce proceedings themselves. In a contested divorce, the family court (aile mahkemesi) adjudicates child support alongside custody and other ancillary matters. In mutually agreed divorces, the parties may reach an agreement on the amount, method, and currency of child support, but such an agreement alone is insufficient — it must be approved by the presiding judge, who retains the authority to modify the agreed amount if it is not in the best interest of the child.
If child support was not requested during the divorce proceedings, an independent application may be made to the family court after the divorce has been finalized. In locations where no family court exists, the civil court of first instance (asliye hukuk mahkemesi) hears these cases in the capacity of a family court. For post-divorce child support claims, the competent court is the family court located in the jurisdiction where the child support creditor resides.
Child support payments in Turkish law are made monthly and in advance. According to Article 330/2 of the Turkish Civil Code: “Maintenance shall be paid monthly and in advance.”
Modification and Termination
Turkish law recognizes that circumstances change over time. Article 331 of the Turkish Civil Code provides that where circumstances have materially changed, the court may, upon application, reassess and adjust the amount of child support or annul it entirely. The full text reads:
“Where circumstances change, the court shall, upon request, re-determine the amount of maintenance or annul it.”
According to prevailing Court of Cassation (Yargıtay) practice, child support amounts are generally adjusted each year in line with the Producer Price Index (ÜFE) published by the Turkish Statistical Institute (TÜİK). However, in exceptional circumstances, the court may order a different rate of increase.
As a general rule, child support terminates when the child reaches the age of majority. This occurs upon turning 18, upon marriage, or upon a court granting the child early majority status. However, if the child has reached the age of 18 but is still in education, the parental maintenance obligation may continue under a separate legal framework.
Enforcement of Child Support Orders
Where a parent fails to pay court-ordered child support, Turkish law provides robust enforcement mechanisms. The creditor parent may initiate enforcement proceedings by applying to the enforcement office (icra dairesi) at the debtor’s place of residence. The enforcement office will issue a payment order to the debtor, and if no objection is filed and no payment is made within seven days, the enforcement order becomes final, after which assets may be seized.
Beyond civil enforcement, Turkish criminal law provides additional leverage. Non-payment of court-ordered child support can expose the obligated parent to criminal liability under Turkish enforcement law, making wilful non-compliance a matter with serious legal consequences.
Child Support for Children Born Outside of Marriage
Child support may also be sought in the context of a paternity action (babalık davası). In cases where the court finds a strong probability of paternity, a provisional support order may be issued even before the final judgment in order to ensure the child’s needs are met during the proceedings. Once paternity is legally established, the full child support framework under the Turkish Civil Code applies.
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