Child support in Turkey (nafaka) is a critical legal institution designed to ensure the financial well-being of children following divorce or separation. Turkish Family Law strictly protects the right of the child to receive adequate support from the non-custodial parent. As a Turkish Law Firm specializing in family and divorce cases, we offer a complete guide to initiating, negotiating, and enforcing child maintenance (nafaka) claims in Turkey, both for Turkish citizens and foreign nationals.
Legal Basis: Article 182 of the Turkish Civil Code
The authority for determining child support in Turkey comes from Article 182 of the Turkish Civil Code (Türk Medeni Kanunu – TMK), which states:
“The judge shall determine which parent shall have custody and the amount of child support to be paid, taking into account the interests of the child.”
This law provides the legal foundation for court-ordered support, and applies equally to Turkish and foreign citizens residing in Turkey.
When Is Child Support Ordered?
Child support may be ordered in various legal situations, including:
- During a divorce proceeding (TMK Article 169 & 182)
- Post-divorce claims filed independently by the custodial parent
- Unmarried parents requesting support via family courts
- International couples under Turkish jurisdiction (domicile or residence)
Even if custody is not disputed, support claims can be pursued separately, and backdated to the date of filing.
Who Can File for Child Support in Turkey?
- The custodial parent (typically the mother)
- A legal guardian appointed by court
- The child’s representative (in rare cases of emancipation)
- Foreign nationals residing in Turkey or holding Turkish divorce recognition
Our English Speaking Turkish Lawyers provide full representation in family courts throughout Turkey, ensuring your rights are asserted clearly, and documentation is submitted effectively.
How is Child Support Calculated?
There is no fixed formula in Turkish law; however, courts follow these core criteria:
- The income and wealth of the paying parent
- The cost of raising the child (education, healthcare, food, housing)
- Living standards before divorce
- Whether the paying parent has additional dependents
Monthly support amounts in urban centers like Istanbul typically range from 3,000 to 15,000 TL, depending on lifestyle and school expenses. Courts may also include extras like rent contribution or education fees under separate headings.
Duration of Child Support Obligations
Child support generally continues until the child reaches age 18. However, under TMK Article 328:
“The obligation of parents to support continues as long as the child is in need of support due to ongoing education.”
This means university students or children with medical needs may receive continued support until age 25 or even longer.
Can Child Support Be Modified or Increased?
Yes. Under TMK Article 176, either parent may request an adjustment of child support (nafaka artırımı davası) if financial conditions change significantly.
Common grounds include:
- Increase in living costs (inflation, education fees)
- Paying parent’s income increase
- Child's evolving needs (e.g., private school, health treatment)
The Family Court evaluates all submitted evidence, including school invoices, health bills, and pay slips. Our Turkish Law Firm regularly prepares strong supporting files for such petitions and tracks the full litigation process.
What Happens If the Paying Parent Doesn’t Pay?
If court-ordered child support is not paid, the custodial parent can initiate enforcement through the Enforcement and Bankruptcy Law (İİK). The procedure is as follows:
- Apply to the Enforcement Directorate with the court judgment
- A payment order (ödeme emri) is sent to the debtor
- If unpaid in 7 days, enforcement proceeds — including wage garnishment, bank account freezing, or property seizure
Repeated non-payment may also trigger a criminal complaint under TMK Article 344, leading to up to 3 months of imprisonment. This is a powerful deterrent, especially in contested divorces.
Cross-Border and International Enforcement of Child Support
If the paying parent resides outside Turkey, or the custodial parent lives abroad, child support may still be enforced under Hague Convention on the International Recovery of Child Support (2007) and bilateral agreements.
Our firm assists in:
- Filing support claims for foreign parents with Turkish children
- Recognition and enforcement of foreign child support orders
- Cross-border asset tracing and enforcement
This is particularly relevant for clients from Germany, the Netherlands, Saudi Arabia, and the UK. Our English Speaking Turkish Lawyers handle all procedural steps before Turkish Family and Enforcement Courts.
Yargıtay Decisions on Child Support
Turkish High Court of Appeals (Yargıtay) has issued key rulings affirming the protection of children's best interests. Notable principles include:
- Support cannot be waived unless clearly proven (Yarg. 2. HD. 2016/12081)
- Standard of living before divorce must guide calculation (Yarg. 2. HD. 2020/1125)
- Support continues during university if financially dependent (Yarg. 2. HD. 2019/3846)
We reference these precedents in our petitions to reinforce claims and obtain stronger judgments for our clients.
Internal Legal Resources
- Divorce in Turkey for Foreigners
- Family Law and Custody
- Property Division After Divorce
- Enforcement of Judgments
- Recognition of Foreign Court Decisions
FAQ: Child Support in Turkey
- Q1: What is the average child support in Turkey?
There’s no fixed average. Courts evaluate on a case-by-case basis, but common awards range between 3,000–15,000 TL monthly in large cities. - Q2: Can foreign citizens claim child support in Turkey?
Yes. Foreigners residing in Turkey or married to Turkish citizens can claim support in Turkish Family Courts. - Q3: What if the paying parent moves abroad?
You can still collect via international conventions and initiate enforcement in Turkey or abroad with legal assistance. - Q4: Is child support tax deductible?
No. In Turkey, child support is not subject to taxation for the recipient or deductible for the payer. - Q5: Can child support be increased later?
Yes. If circumstances change, the custodial parent can file a “nafaka artırımı” case at any time. - Q6: Is jail time possible for unpaid child support?
Yes. Non-payment of nafaka can lead to imprisonment under TMK Article 344 after court enforcement. - Q7: Is it possible to include school expenses separately?
Yes. Courts often rule on fixed child support and order additional education contributions separately. - Q8: How long does child support litigation take?
Usually 3–6 months. Urgent cases can be supported by temporary injunctions. - Q9: Can I request child support during ongoing divorce?
Yes. Temporary child support can be granted while the divorce is still pending. - Q10: Can I file for child support without divorce?
Yes. Even unmarried mothers or guardians may file support claims independently.
Secure Child Support with Legal Representation
Whether you are facing a divorce, pursuing unpaid child support, or planning to increase an existing nafaka award, our legal team at ER&GUN&ER Law Firm is ready to support you. As a trusted Turkish Law Firm with international experience, we guide foreign and Turkish clients alike through the complexities of Child Support in Turkey.
From filing in Family Courts to enforcement before Execution Offices, our English Speaking Turkish Lawyers provide strategic, compassionate, and result-oriented legal representation across all Turkish jurisdictions.