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Alimony and Child Support

Family Law

Maintenance (nafaka), often referred to as alimony or child support, is a form of financial support awarded by court order to provide for the living costs of a person or of family members who are protected by law. Maintenance has an important place in family law and is assessed during or after the divorce process, taking into account the financial situation and needs of the parties.

Maintenance cases are not simply a claim for a particular payment. In processes such as awarding maintenance, determining its amount, increasing, reducing or ending it, the parties’ financial circumstances, standard of living, income and any change in circumstances are examined together.

What Are the Types of Maintenance?

Turkish law provides for several types of maintenance for different needs. Each type of maintenance has a different purpose, different requirements and different assessment criteria.

  • Interim Maintenance (Tedbir Nafakası): May be awarded to protect the spouses and children temporarily while a divorce or separation case is ongoing.
  • Post-Divorce Maintenance (Yoksulluk Nafakası): A type of maintenance that can be claimed in favour of a spouse who would fall into poverty as a result of the divorce, if the legal requirements are met.
  • Child Maintenance (İştirak Nafakası): Maintenance paid by the parent who does not have custody in order to contribute to the child’s care, education and other needs.
  • Relative Maintenance (Yardım Nafakası): A type of maintenance for persons who, if the requirements set out in the law are met, would be unable to support themselves without assistance.

Maintenance Claims in Divorce Cases

In the divorce process, maintenance claims are assessed taking into account the financial situation and needs of the parties. The court decides by considering the parties’ income, their social and financial situation, the circumstances during the marriage and the children’s needs.

Maintenance claims become a significant legal issue particularly in divorces where the spouses are in different financial positions. For this reason, setting out the maintenance claim correctly and carrying out the necessary assessments are important to prevent any loss of rights.

Action to Increase Maintenance

The amount of maintenance is determined according to the circumstances at the date of the judgment. However, over time, changing economic conditions, rising living costs, the growing needs of the children or changes in the parties’ income may require maintenance to be reassessed.

In an action to increase maintenance (nafaka artırım davası), not only the amount claimed but also the parties’ current financial and social situation are examined together. Changes in the children’s education, health and basic needs are particularly important for child maintenance.

Actions to Reduce or End Maintenance

If the financial situation of the person obliged to pay maintenance changes significantly, if they suffer a loss of income, or if the circumstances that required the maintenance to continue no longer exist, a reduction or termination of maintenance may be considered.

Similarly, if the financial situation of the person receiving maintenance improves or the legal requirements change, a reassessment of the maintenance may be requested.

The Importance of Evidence in Maintenance Cases

In maintenance cases, it is very important to establish the parties’ financial situation correctly. Income documents, social and economic status investigations, employment status, living conditions and other financial indicators may be taken into account in the court’s assessment.

Incomplete or incorrect assessments can make it difficult to establish the parties’ true financial situation. For this reason, the legal and factual situation must be analysed together during the case.

Disputes about maintenance concern not only the parties’ financial situation but also their legal rights arising from family relationships. When maintenance is claimed or a change to existing maintenance is requested, the legal requirements must be examined carefully.

Every maintenance case differs according to the personal and financial circumstances of the parties. For this reason, different legal assessments may be needed even in disputes that appear similar.

In claims for maintenance and in processes to increase, reduce or end it, a correct assessment of the legal situation is important to protect the rights of the parties. Attorney Ezgi Çalışkan provides legal advice and case management services in maintenance cases, the financial consequences of divorce and related legal processes within the scope of family law.

You can obtain support from Attorney Ezgi Çalışkan to have your maintenance matter assessed and to identify the solutions suited to your situation.

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