Legal assistance in cases of custody and alimony

Responsibilities of parents to provide for and protect a child in Turkey

Ensuring the physical, mental, spiritual, moral and social development of the child is the responsibility of both parents. After a divorce, the spouse who does not have custody of the child is required to share in the costs associated with the care and upbringing of the child.

The need to pay child support may be related to both blood relationship and the fact of adoption.

Duration of child support obligations

The obligation to pay child support lasts, as a rule, until the child reaches the age of majority (18 years old). However, if an adult child continues education, then the parents are obliged to take care of the child until the completion of his education, unless otherwise provided by an agreement between the parents or a court decision.

Persons entitled to apply for alimony

• The mother or father who actually raises the child;
• The parent who has the right to custody of the child, or the parent with whom the child lives, if the issue of child support is not regulated in the agreement;
• If a guardian or trustee has been appointed for the child, they can also demand alimony from the child’s parents;
• If a child with legal capacity requests child support, he can file a claim against his parents.

Persons from whom alimony can be demanded

• A parent who is not actually raising the child (for example, not living with him or not participating in his upbringing);
• A parent who has not been granted custody of the child, but who is obliged to participate in its maintenance;
• Parents of the child, if a guardian or trustee has been appointed for him/her.

Start date of alimony obligations and their amount

Alimony obligations come into force from the moment the court decision on divorce or establishment of guardianship enters into legal force.

The amount of alimony, the procedure for its payment and other conditions can be agreed upon:

• In an agreement between the parents, if they have reached a general agreement;
• In a court decision, if alimony is collected in court, or in the case of divorces and custody cases.

The amount of alimony typically varies from 100 to 1000 US dollars per month, depending on the social and economic status of the parties. In practice, the amount of alimony usually does not exceed 30% of the spouse’s income. The remaining amount for tuition and other needs of the child can be left at the discretion of the parents. If necessary, the court may establish the amount of alimony in installments, taking into account the socio-economic status of the parties.

Alimony can be withheld from wages or income through accounting based on a court decision. In the case of employment in an enterprise or with an individual entrepreneur in Turkey, alimony is withheld only after the start of enforcement proceedings initiated on the basis of a court decision. Without the participation of the executive body, the application to the accounting department will not have legal force.

Responsibility for non-payment of alimony in Turkey

If the debtor evades compliance with the court decision, the executive body applies sanctions to him. In case of evasion of payment of alimony, a penalty may be imposed in the amount of 9% to 15% per year of the amount of debt, for each day of delay until the debt is fully repaid.

Failure to pay alimony may entail certain legal consequences, including criminal prosecution of the debtor. To bring the debtor to criminal liability, the plaintiff must file a claim in court within three months from the date the debt arose. If a criminal court decision is made, the debtor may be sentenced to imprisonment for a period of one to three months.

In addition, the court may announce a search for the debtor if his whereabouts are unknown. However, it should be noted that measures such as temporary restrictions on the right to leave the country or a ban on the use of vehicles are not applied in Turkey.

Termination of alimony obligations

Alimony obligations may be terminated in the following cases:

• The child reaches the age of majority (18 years old);
• Termination of education if the child no longer needs support;
• Adoption of a child by another person;
• Death of one of the parties who is obligated to pay alimony.

If you have any questions regarding alimony obligations or the need to protect your interests in this process, our lawyers are ready to provide advice and legal assistance in Turkey.