The questions below offer a general framework on interim maintenance and child maintenance, enforcement of unpaid maintenance and maintenance increases. In a specific case, time limits, documents and the regulations in force are assessed separately.
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When can interim maintenance be requested after a lawsuit has been filed?
In divorce or separation proceedings, an interim maintenance decision can be requested, depending on its conditions.
Under Article 169 of the Turkish Civil Code (TMK), the court may take an interim measure for the support of the spouses and the children. The parties’ incomes, regular expenses and the children’s care needs should be documented; the starting date and manner of payment of the decision must be followed up clearly.
Until what date does child maintenance continue?
As a rule, until the age of majority; after majority, support maintenance (yardım nafakası) for education may arise under separate conditions.
The child reaching majority is a turning point in terms of the legal nature of child maintenance. Whether an adult child whose education continues can assert a claim of their own under Article 328(2) of the Turkish Civil Code (TMK) and the provisions on support maintenance should be examined in the specific case.
If maintenance is not paid, can enforcement proceedings be started directly?
Depending on the nature of the judgment and the scope of the maintenance receivable, the route of enforcement with a judgment can be considered.
The dates of the maintenance awarded, accumulated installments, any increases and payments are compared. Current maintenance, accumulated maintenance and the conditions of the complaint procedure relating to non-payment of maintenance should be kept distinct.
Is inflation alone sufficient in a maintenance increase lawsuit?
Although inflation is important, need, income and equity conditions are assessed together.
The date of the previous decision, the children’s education and health expenses, changes in the financial capacity of the parties and the cost of living should be shown with concrete documents. From which date the increase will apply and any existing increase provision are also checked.