CHILD SUPPORT: LEGAL PROCESS AND PRACTICE IN TURKEY

WHO CAN REQUEST CHILD MAINTENANCE?

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.

WHAT ARE THE CONDITIONS FOR CHILD MAINTENANCE IN TURKEY?

There are several key conditions required to request child maintenance in Turkey, which include:

1. Divorce or Separation: The issue of child maintenance typically arises during the process of divorce or separation. During this time, it is decided which parent the child will live with and the other parent’s obligation to pay maintenance.
2. The Child’s Need for Care: For child support to be requested, it must be recognized that the child’s physical, educational, and health needs must be met. These needs are evaluated based on the child’s age, health, and educational expenses.
3. Assessment of Financial Situation: The financial situation of the parent requesting maintenance is taken into account. Factors like income level, employment status, and available financial resources are considered. At the same time, the other parent’s financial capacity and ability to pay maintenance are also evaluated.
4. Best Interest of the Child: Child maintenance is regarded as a matter of public policy that is centered around the best interests of the child. The principle of the child’s best interest is guaranteed by Article 3 of the United Nations Convention on the Rights of the Child. According to this article, the best interests of the child must be a primary consideration in all actions concerning children (courts, administrative authorities, legislative bodies, etc.).

In light of these conditions, the court will decide on child maintenance in Turkey, prioritizing the child’s well-being.

HOW TO REQUEST CHILD SUPPORT IN TURKEY?

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.

a) Requesting Child Support in Divorce Proceedings

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.

a.1) Child Support in Contested Divorce

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.

a.2) Child Support in Uncontested Divorce

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.

b) Requesting Child Support After Divorce

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.

c) Requesting Child Support in Paternity Cases

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.

d) Determining Child Support Through Mediation

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.

HOW MUCH IS CHILD SUPPORT WILL BE IN TURKEY?

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:

• The child’s expenses based on their age, health, and educational needs,
• The income level, living standards, and social status of both the obligor (the parent required to pay) and the obligee (the parent receiving support),
• Current economic conditions (such as inflation),
• Any income the child may have.

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.

HOW IS CHILD SUPPORT CALCULATED IN TURKISH COURTS?

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.

• Criteria for Calculating Child Support in Turkey:

1. Economic Status of the Obligor: The court considers the income, assets, and living standards of the obligor. The court may review bank statements, property records, and other financial assets. It is possible for the court to request this information.
2. Economic Status of the Obligee: The financial capacity of the parent with custody is also considered in the calculation. This ensures a fair distribution of the child’s financial responsibilities between the parents.
3. Child’s Needs: The child’s expenses for education, housing, healthcare, and social needs are important factors. These expenses can vary depending on the child’s age, health, and educational level.
4. Child’s Income: If the child has any income (e.g., inheritance, scholarships), it also affects the amount of support. The court considers the child’s income when making its decision.
5. Social and Economic Status Report (SED Report): The court conducts a SED report (social and economic status investigation) to assess the income levels and living standards of both parties. The Court of Cassation places great importance on the SED report, and failure to conduct this investigation is seen as a deficiency. This report plays a significant role in determining the support amount.
6. Equity Principle: The court considers all these factors to determine an amount of support that is equitable. This ensures that the support amount is fair and based on the circumstances of both parties.
7. Judge’s Discretion: The judge has broad discretion in determining the amount of child support. The judge considers the SED report, the child’s needs, and the financial conditions of both parties to determine a fair and equitable amount.

• Annual Increase in Child Support in Turkey:

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).

• What Percentage of Salary is Child Maintenance in Turkey?

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.

CAN ADULT CHILDREN REQUEST SUPPORT FROM PARENTS?

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:

• Request for Maintenance Support: An adult child (over 18 years) who is still pursuing education can request support under the category of maintenance support. This support is provided by the parents to cover essential needs such as education, housing, health, and other necessities.
• Difference from Child Support: Child support is a type of support requested by the parent with custody to cover the child’s care, education, and other expenses until the child turns 18. However, after the child reaches 18, they can independently request maintenance support without needing parental custody.
• Parental Obligation: Parents are required to provide financial support to their child until the end of their education, as long as circumstances allow. Once the child’s education is complete, the obligation for maintenance support also ends.

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.

DIFFERENCES BETWEEN CHILD SUPPORT AND TEMPORARY CHILD SUPPORT

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.

• Temporary Child Support is Paid During Divorce Proceedings: While a divorce is ongoing, the court may order temporary child support to cover the child’s needs for care, education, and health. This temporary support is provided until the conclusion of the case and is meant to ensure that the child’s basic needs are met during the divorce process.
• Differences Between Temporary Support and Child Support: Temporary child support is a temporary payment ordered during divorce proceedings and ends when the case is concluded. Once the divorce is finalized, child support is granted to cover the child’s ongoing expenses. When temporary support ends, child support takes over.

Conditions for Temporary Child Support:

• Temporary child support is granted by the court upon the request of the parent responsible for the child’s care.
• The court determines an appropriate amount based on the social and economic conditions of the parties involved.

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.

CONDITIONS OF INCREASING OR DECREASING CHILD SUPPORT AMOUNT IN TURKEY

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.

Increasing Child Support Amount:

• Article 330/3 of the Turkish Civil Code: “The judge, upon request, may determine the amount of periodic support payments to be made in future years according to the social and economic conditions of the parties.”
• Annual Increases: According to Article 330/3, the court can order an increase in child support if requested. For instance, the court may decide that child support should increase annually in line with the Consumer Price Index (CPI).
• Situations Requiring a Request: A request must be made for the increase in child support. The court evaluates these requests and can decide on the increase accordingly.

Decreasing Child Support Amount:

• 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.”
• Changing Circumstances: Under Article 331, the amount of child support can be re-evaluated or terminated if circumstances change. Such changes could include a significant shift in the child’s needs or the obligor’s financial situation (e.g., health problems).
• Increase or Decrease in the Child’s Needs: Changes in the child’s education, health, or other needs may necessitate an increase or decrease in child support.
• Health Issues of the Support Obligor: If the person paying support is unable to work due to health problems, this can be grounds for re-evaluating the support amount.

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.

CHILD SUPPORT INCREASE AND DECREASE LAWSUITS

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.

• Child Support Increase Lawsuit

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.

• Child Support Decrease Lawsuit

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:

• Child Support Increase Lawsuit: Can be filed when the child’s needs or the financial situation of the support payer changes. It requires a formal request, and the judge will evaluate the circumstances to adjust the support amount accordingly.
• Child Support Decrease Lawsuit: Can be filed when the payer’s financial capacity decreases or the financial situation of the recipient improves. The party seeking the decrease must provide evidence of the change in their financial situation.

Both types of lawsuits are assessed by the court based on evidence of changes in circumstances and require a thorough review of the situation.

HOW IS THE RATE OF INCREASE FOR CHILD MAINTENANCE CALCULATED?

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:

• Court’s Determination: The court may specify an increase rate when deciding on the amount of child support. This decision might outline how much the support will increase each year. The court may order that the support be increased annually based on a specific rate or index, such as the Consumer Price Index (TÜFE) or the Producer Price Index (ÜFE).
• Court Orders: If the court decision specifies an annual increase based on an index (e.g., “support will be increased according to the ÜFE” or “TÜFE” or “the average of 12-month ÜFE-TÜFE rates”), then the support amount will increase accordingly.

When the Court Decision Does Not Specify an Increase Rate:

• Filing a Support Increase Lawsuit: If the court has not made a decision regarding the rate of increase, the support will not increase automatically. In such cases, the party receiving support must file a child support increase lawsuit. This allows the amount of support to be reassessed in light of changing conditions.
• Petition for Increase: In the lawsuit petition, it is important to request that the support be increased in future years. The judge can then decide on the requested increase rate, but the court cannot rule on an increase without a formal request.

Calculating the Rate of Increase for Child Support:

• Increase Rate Determined by the Court: The amount of support will be calculated based on the increase rate set by the court. For instance, if the court decides that the support should be increased annually by the TÜFE rate, then the support amount will rise in accordance with the annual TÜFE.
• Meeting the Child’s Growing Needs: The increase in child support is directly linked to the child’s growing needs. As a child ages, their needs typically expand. For instance, the support amount that meets the needs of a 3-year-old child may not be sufficient for a 15-year-old. Therefore, the increase rate is adjusted to reflect the child’s age and evolving requirements.

Summary:

• The court may specify an annual increase rate for child support, often tied to economic indices such as the TÜFE or ÜFE.
• If the court does not specify an increase rate, the party seeking an increase must file a lawsuit.
• The increase rate is crucial to ensure that the support amount continues to meet the child’s growing needs.

THE ROLE OF SOCIAL INVESTIGATION REPORTS IN DETERMINING CHILD SUPPORT IN TURKEY

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:

1. Request for Report and Investigation Planning: The court may request a social investigation based on the parties’ submissions. A social worker or appointed expert will begin an assessment process.
2. Interviews with the Parties: The expert interviews both parents to assess their financial situation, housing conditions, the child’s daily life, education status, health, etc. The child’s perspective may also be considered.
3. Home Visit and Observations: The expert may visit the parents’ homes to observe the child’s living conditions, ensuring they are safe and adequate.
4. Review of Relevant Documents: The expert may also review health records, school reports, and psychological assessments to gain a complete understanding of the child’s needs.
5. Preparation of the Report: After gathering all relevant information, the expert prepares a report outlining the findings and providing recommendations for the amount of child support. This report is submitted to the court.
6. Court’s Evaluation: The court uses the social investigation report as key evidence in determining the amount of child support. The report helps the judge assess the child’s needs and the parents’ financial situations in an objective manner.

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.

ENFORCEMENT PROCEDURE IN CASE OF NON-PAYMENT OF CHILD SUPPORT

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:

• Importance of the Court Decision: The determination of child support is made through a court ruling. The court sets the amount of support based on the child’s needs and the financial situation of the parents. Carefully reviewing and accurately understanding the court decision is fundamental to the enforcement process.
• Importance of Regular Payments: Support payments should be made at regular intervals as specified in the court decision, which is typically monthly or quarterly. Regular payments ensure that the child’s needs are met consistently and reliably.
• Commencement of Payment Tracking: If support payments are not made or are made insufficiently, the receiving party has the right to initiate enforcement proceedings for payment. At this stage, it is essential to gather and maintain written evidence of the non-payment. Documents such as bank statements and communication records form the basis of the enforcement process.
• Enforcement Actions: If support payments are not made or are inadequately paid, the receiving party can initiate enforcement proceedings. Enforcement actions are started to collect the unpaid child support amount. At this point, the creditor may employ legal methods such as garnishing the debtor parent’s salary, selling assets, or seizing other valuable properties.
• Seeking Legal Support: The child support enforcement process can be complex. Parents wishing to receive or make support payments should seek legal assistance through their attorneys. A lawyer can help guide the process, prepare necessary documents, and communicate with the court.
• Cooperation and Communication: While it is important for support payments to be made in accordance with court decisions, cooperation and communication are equally important. Open communication between parents can prevent disputes regarding payments and is vital for protecting the child’s interests.

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.

RECOGNITION AND ENFORCEMENT OF CHILD SUPPORT DECISION IN TURKEY

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.

WHEN DOES CHILD SUPPORT END IN TURKEY?

Child support in Turkey can end under various circumstances:

1. Reaching Adulthood: Child support typically ends when the child turns 18. However, if the child continues their education, the court may decide to extend the support as a form of assistance.
2. Marriage of the Child: Support payments are terminated when the child gets married.
3. Court Declaration of Adulthood: If the child is declared an adult by a court, child support ends. This is usually applicable for children aged 15 and older.
4. Death of the Child: Support payments cease upon the death of the child.
5. Death of the Paying Parent: If the parent who is paying support dies, the obligation to pay ends.
6. Economic Independence of the Child: Child support may be terminated if the child begins working and earning an income.
7. Remarriage of the Parents: If one of the divorced parents remarries, child support may end.
8. Waiver of Support Rights by the Custodial Parent: If the custodial parent waives their right to support, payments may cease.
9. Inability of the Paying Parent to Afford Support: If the parent who pays support becomes financially unable to make payments, support can be terminated.
10. Change of Custody: If custody of the child is granted to the parent who has been paying support, payments will cease.

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.