An important aspect of Turkish family law is that of child support and the maintenance that a parent may be required to provide to maintain any children of the marriage. Below you will find some useful information detailing how Turkish law manage the concept of child support where marriages break down.
What is child support?
It is the alimony paid by the spouse who does not have custody to the custodial parent in order to meet the needs of the child, such as accommodation, nutrition, education and health.
When can child support be requested? How long does the child support payment obligation continue?
Child support can be requested starting from the divorce case. Even if the parties do not request it during the divorce proceedings, it can be requested with the child support case later. As a rule, child support obligation ends when the child turns eighteen.
Can a child over the age of eighteen request child support from the parents?
As stated above, in principle the obligation to pay child support ends when the child turns eighteen. However, if there are suitable conditions even if the child is over the age of eighteen and if the child continues his/her education life, the care obligations of the parents continue. Accordingly, a judge may decide that an obligation exists to continue paying child support. In this case, the child can sue the mother or father or both. However, in this case, any payment ordered will be in the status of aid alimony, not child support.
Is the cause of a divorce evaluated in the determination of child support?
Since child support is given in order to meet the needs of the child, it is not dependent on the fault of the spouses in the divorce proceedings.
How is the amount of child support determined?
Determining the amount of child support is within the competence of the judge. The factors the judge will take into consideration when determining the amount include the child’s age, health status, educational conditions and financial situation as well as the social status of the parents, the ability to pay and whether or not they actively look after the children if they do not have the ability to pay.
Is it possible according to Turkish Family Law to increase, reduce or remove the affiliate allowance?
If requested by the parties and the circumstances taken into account in determining the amount change, a judge can redefine or remove child support. The judge will use his/her discretion in this regard in cases where the child is earning income, or the life conditions and economic power of either of the parents change.