Child support is the monthly amount that one of the two divorced couples has to pay to the other party. This provision has been made by court order and is a legal obligation. Child support can be claimed by both parties and is awarded to whoever has custody of the child.
Child support must be awarded to the parent who has custody of the child to cover the education and general expenses of the joint child. Child support in Turkey is provided to children under the age of 18, and the main purpose of it is to cover the child’s care and education expenses.
What is Child Support?
Child support is a type of support given to meet the child's financial needs. This alimony is given to the spouse who has custody of the child and is paid regularly by the spouse on the opposite side. Child Support in Turkey is complex because the child has many care needs. The monthly child support amount is calculated according to the gross salary of the spouse who will pay it. In addition, according to Turkish divorce law, a child can only receive it up to the age of 18.
Child support in Turkey is given to the spouse who takes care of the child from the moment of the divorce. Since it is an application aimed at maintaining public order, the law puts it into conviction even if one of the parties does not specify this situation.
Turkish Child Custody Law
Custody is the act of taking social responsibility in cases such as meeting the child’s expenses such as for education and care. Custody can be on both sides, as well as on the mother or father. For various aspects of raising a minor, custody must be given to one of the parents. In Turkey, the child is under the custody of his mother or father until the age of 18.
The child custody system in Turkish family law is developing depending on various factors. If either parent has passed away, custody remains with the survivor. However, if the two couples are divorced, the custody of the child is determined by the judge. Custody is very important in terms of protecting the rights of the child. Unless otherwise stated, the custody of the child belongs to the parents.
How is the Amount of Child Support Determined?
The amount of child support is determined according to various factors under Turkish civil law. The amount of it is generally determined according to the child's needs and the family's financial situation. In determining the amount of alimony, the income of the child is also taken into account. The amount of child support in Turkey is determined by the factors given below.
- Child’s age
- Health status of the child
- Educational status of the child
- Child’s income
- Socio-economic status of parents
Except for these cases, the divorced parties may also have reached an agreement, and accordingly, the amount agreed upon by the divorced couple is paid to the child as alimony. However, over time, the needs of the child and the debtor of the child support may change in several ways. These adjustments can call for new ones.
In this instance, the judge will make a decision based on the circumstances. With the resolution of the divorce case, child support finds its applicability area. However, it is imperative to provide the required support for child care and supervision up until the divorce decision is finalized. The “measurement alimony” institution fills this demand.
FAQ About Child Support In Turkey
Since child support in Turkey is a very complicated situation, many questions are asked by parents about this situation. The most frequently asked one of these questions is how it is determined to whom the custody will be given.
There are several possible answers to this question. First, the judge considers who will better protect the child's rights. At the same time, if the child is very young and needs the mother, then custody is usually given to the mother. Child custody is given to whichever parent the child believes will lead a healthier and more orderly life.
“Does it matter who the child wants to stay with?” is another frequently asked question about child support in Turkey. The child’s wishes and opinions matter when deciding who gets custody. The judge undoubtedly asks the child who he/she wants to stick with and who will make him/her happiest. The judge weighs all the information before making a decision and the child’s opinions.
Can a Child Over the Age of Eighteen Request Child Support?
The continuance of education and training is given significant consideration in the Turkish Civil Code. In accordance with Turkish family law, a person above the age of 18 is deemed incapable of supporting himself and has the right to marry, buy a home, and borrow money as he pleases.
Parents are required to provide for their children until the end of their education if they continue their education even though they are adults, to the amount that is reasonable under the circumstances. The requirements of the kid, the parents’ living arrangements, and their financial capacity are taken into consideration while determining the amount of alimony. The child’s income is also included when calculating the amount of alimony.
Is the Cause of a Divorce Evaluated in the Determination of Child Support?
The reason for divorce is a very important point in child support in Turkey. It is paid to the parent who has custody of the child, and one factor determining the child’s custody status is why the parents divorced. Custody is usually given to the innocent party at the time of divorce. If the divorce occurs due to violence, cheating, or deception, then custody is not given to the perpetrator or deceiver. Accordingly, the person who cannot get custody has to pay child support.
When Can Child Support be Requested?
Not just in divorce cases, but also in divorce and marriage cases, child support is demanded. This is also the case for child support in Turkey. While the case is still pending or after it has been resolved, a separate lawsuit may be filed to make the request. If alimony has been decided, the payments should begin after the litigation is over.
Additionally, even if the parent who will be granted temporary custody does not ask for alimony, the judge may decide to grant it based on the other party’s financial standing. Regarding child support, you can contact our Turkish family lawyers.
You can read our previous article at https://istanbullawyerfirm.com/blog/debt-collection-in-turkey