Legal assistance in custody and alimony cases
Ensuring and protecting the physical, mental, spiritual, moral and social development of a child is the responsibility of both parents. After the divorce, the spouse who does not own custody of the child must take part in the costs of caring for and raising the child.
The obligation to pay child support, as a general rule, lasts until the child comes of age. If an adult child continues to study, the parents, in accordance with the situation and conditions, are obliged to take care of the child until the completion of his education.
Persons who can apply for child support recovery
* The mother or father actually raising the child;
In case of divorce, the right of parental custody is vested in one of the spouses, while the number of hours or days of communication with the child of the other parent is strictly regulated by the court, depending on the working schedule or the place of residence of the parents. Before making a decision, both parents are interviewed, or, if the child is under guardianship, the child and the guardianship authorities are interviewed. Also, the court necessarily pays attention to the personal relationship of each parent with the child.
There are no age restrictions according to which the child must necessarily stay with the mother, the law has not been established. However, in practice, especially children under 7 years old stay with their mother. The sex of the child does not affect which of the parents he will stay with.
* A child with legal capacity;
* A guardian or trustee who will be assigned to an incapacitated child.
Persons from whom it is possible to demand the recovery of alimony
* A mother or father who does not actually raise a child;
* A mother or father who does not have custody of the child and who does not actually raise the child;
* Mother and father, if a guardian or trustee is assigned to the child;
* Mother and/or father, if the claim is filed by a capable child;
* The Bankruptcy Department, if the mother or father from whom alimony is required is a bankrupt, in whose name the bankruptcy decision was made.
Date of cancellation of alimony obligations, their size and the procedure for their recovery
Alimony obligations begin to take effect from the moment the court decision on divorce (establishing custody of the child) enters into force.
The amount of alimony, the procedure for their payment and other conditions may be provided:
* In the contract (if the parties have agreed);
• In a court decision issued by the court based on the results of consideration of a claim for the recovery of alimony or together with the court’s decision on the dissolution of marriage).
Responsibility for non-payment of alimony in Turkey.
If the debtor evades the execution of the court decision and has a debt, the enforcement proceedings apply sanctions and restrictions to him. If there is no information about the location of the debtor, then the executive body issues a determination on the search for the debtor.
Termination of alimony obligations
* The child reaches the age of majority (from the age of 18);
* Termination of studies;
* Adoption of a child;
* Death of one of the parties.