A person who claims to have paid maintenance must show which maintenance debt and which period the payment concerned. A bank receipt with a clear description is therefore important. It cannot be said that an unexplained transfer will never be counted, and it cannot be accepted that every expense made for a child is automatically deducted from monthly maintenance. Regular transfers to the creditor and payments made to a school or a transport service should not be subject to the same legal and evidentiary assessment. [1–5]
This article focuses on disputes over whether maintenance was paid. Increasing or reducing the amount of maintenance is a separate matter. Performing the debt under the existing decision, keeping payment records and the routes that may be used against an amount considered over-claimed are explained together below.
First, determine which debt was paid
The decision and the payment period are read together
A person may simultaneously owe past-due maintenance, current monthly maintenance, litigation costs and another debt. If it is left unclear which of these a single transfer relates to, different accounts may later emerge. The type of decision, the person in whose favor the payment was made, the monthly period and, where present, the enforcement file details should be matched with the payment records. [1, Arts. 100–103]
For example, if child maintenance (iştirak nafakası) and the former spouse’s poverty maintenance (yoksulluk nafakası) are separate obligations, describing each item separately rather than making one lump transfer makes review easier. Likewise, where a payment is made for earlier months, the months and amounts intended to be cleared should be stated.
Proving that the debt exists and proving that it was paid are different
A person who accepts a debt based on a judgment (ilam) and claims that the debt has ended by payment must prove the payment. The burden-of-proof rule in Article 190 of Law No. 6100, Code of Civil Procedure (HMK), applies according to the facts asserted by each party. The belief that “the other side knows it was paid” does not remove the need to submit records. [2, 4–5]
What should a bank transfer description state?
The description should be specific enough for a person reading the transaction later to understand the purpose of the payment. A phrase such as “October 2026 child maintenance, relevant decision and child details” is more informative than merely writing “payment”, “support” or “money”. In the actual file, the necessary identity and decision details should be written correctly, and unnecessary personal data should not be added.
This phrase is not a validity formula or a magic word that determines the outcome in every dispute. Whether the money reached the correct creditor, the amount, the date and the parties’ other debt relationships are still examined. A later one-sided change to a payment description is not automatically accepted either. [1–2]
The receipt and the account movement should be kept together
A payment instruction screen alone does not always show that the transaction was actually completed. The bank-issued receipt, the transaction reference, the sender and recipient details, and the related entry in the account should be kept together. A transaction that was returned, cancelled or sent to the wrong account must not be presented as a payment that reached the creditor.
If a payment is made by someone else, it should be clearly stated whose debt it was made for. Paying the creditor on behalf of the debtor, through a third person, and the debtor sending money to a third person instead of the creditor are different situations. The second situation arises especially in school and transport payments. [1; 4, §22–25]
Is an unexplained transfer deducted from maintenance?
The answer cannot be given merely by looking at an empty description field on the receipt. The recipient, the regularity of the payments, the relationship between the amount and monthly maintenance, other debts between the parties and other documents are assessed together. Even so, the absence of a description can increase the risk of a dispute over proof. For this reason, keeping clear records for new payments is more sound than leaving the matter unclear. [1, 5]
The decision on assessing regular transfers
In its decision of May 25, 2023, E.2023/1241, K.2023/2685, the Second Civil Chamber of the Court of Cassation (Yargıtay 2. Hukuk Dairesi) examined a negative declaratory action arising from a maintenance debt. In the assessment that was upheld, payments with a different stated purpose, such as a housing loan, were set apart, while some undescribed amounts that were regularly deposited into the creditor’s account were accepted as partial maintenance payments. On the other hand, it was not proven that there was an agreement to treat school and insurance expenses as maintenance. [5]
The decision does not mean that all undescribed transfers will be counted as maintenance. The regular payment pattern and the other evidence in the specific file were assessed together. The fact that the same decision attaches different consequences to different types of payment shows why one-sentence generalizations are inadequate.
Are school, transport and health expenses deducted from monthly maintenance?
Spending for a child is different from performing an adjudicated debt
Child maintenance (iştirak nafakası) is not limited to educational expenses. The child also has needs such as housing, food, clothing, health care and other necessities. A payer’s unilateral statement that “I paid this month’s school instalment, so I will not send maintenance” does not change the payment obligation under the decision. The judgment, any protocol and any agreement claimed to have been made later must be examined together. [4]
In its decision of May 17, 2022, E.2020/133, K.2022/658, the Civil General Assembly of the Court of Cassation (Yargıtay Hukuk Genel Kurulu) considered the argument that private school and transport expenses had been paid in lieu of maintenance. The Assembly stated that for a payment made to a third person to end the debt, an agreement to that effect or the creditor’s consent must be properly proven. In the case at hand, the school and transport receipts and witness statements were not found sufficient, and the resistance decision (direnme kararı) that accepted the claim of no debt was quashed. [4]
Which records matter for an offsetting claim?
If a protocol or judgment has set a clear payment arrangement, that arrangement is examined first. If it is claimed that a different form of performance was agreed later, the content, period and amount of the agreement, and how it will be proven under procedural rules, must be determined. A waiver that could eliminate a child’s future rights should be kept separate from a record showing how a specific debt was paid.
| Payment type | Matter to examine | Main risk |
|---|---|---|
| Transfer with a clear description | Recipient, period, amount and whether it was received | Wrong debt or payment to the wrong person |
| Regular transfer without a description | Payment pattern and other relationships | The purpose remains disputed |
| School or transport payment | Conformity with the decision and proof of the offsetting agreement | Debt continuing because the payment went to a third person |
| Gift or additional expense | Legal connection with the maintenance debt | Voluntary spending later treated as debt |
| Cash payment | Receipt, signature and the applicable proof regime | Denial of the payment or of its purpose |
How is a cash maintenance payment documented?
When a payment is made in cash, an explicit receipt is important. It should show the date, amount, currency, the period and the maintenance for which the payment was made, as well as the recipient’s identity and signature. Article 103 of Law No. 6098, Turkish Code of Obligations (TBK), gives the debtor a right to request a receipt. However, it cannot be said that any private receipt alone is sufficient for every objection before the enforcement court. [1, 3]
Private receipts and the document requirements of the enforcement court
Article 33 of Law No. 2004, Enforcement and Bankruptcy Law (İİK), sets out specific document requirements for claims of discharge (itfa) and grace (imhal) in judgment-based enforcement. Particularly where a payment or a grant of time is claimed after the enforcement order has been served, the document regime of that law is examined separately. A private document (adi belge) whose signature is denied does not have the same evidentiary weight as a document accepted before the court or a properly issued official document. [3]
For this reason, saying that “a cash payment is invalid” is misleading, and so is saying that “if there is a witness, it is always sufficient”. The problem is not only whether the payment took place, but in which proceedings and with which evidence it must be proven. Keeping the original document provides a more reliable record than vague explanations prepared later. [2–4]
Is offsetting the same as set-off?
In an offsetting (mahsup) dispute, the question is the extent to which a payment made has reduced the existing debt. In set-off (takas), by contrast, a person asserts against the other party’s claim a different claim that the person holds against that party. The approach “my former spouse owes me money, so I am not paying maintenance” is not the same as offsetting a payment. [1]
TBK Article 144(3) provides special protection for maintenance claims, which are necessary for the upkeep of the creditor and their family and must be paid directly to the creditor. Such claims may be set off only with the creditor’s consent, and only after the right of set-off has arisen. In particular, claims such as current maintenance and accrued maintenance should not be deducted unilaterally without examining their nature and the concrete conditions of set-off. [1]
Which item is a partial payment applied to first?
Where interest and costs are involved, Article 100 TBK applies; where there are several debts, the parties’ statements and the absence of any statement are assessed under Articles 101–102. The one-sided calculation “I applied it to the oldest month” or “I deducted all of it from principal” may not be correct in every case. Money collected through enforcement proceedings and payments made directly by the debtor should be consolidated in the same account, and duplicate entries should be removed. [1]
What to do if paid maintenance is demanded again?
A notice that has been served must not be ignored. The type of enforcement, the date on which the objection to the debt arose and the route to be used must be determined. In judgment-based enforcement, an application to the enforcement court under Article 33 İİK may be relevant, and depending on the circumstances, routes such as a negative declaratory action (menfi tespit davası) or recovery of payment (istirdat davası) may also come into play. These routes differ in their time limits, the scope of evidence and their effect on the enforcement proceedings. [3] For details, see the article Can Excess Maintenance Paid Be Recovered?
Filing a negative declaratory action does not by itself stop enforcement. The limits of the temporary protection that may be requested before and after enforcement under Article 72 İİK are different. In particular, re-arguing the res judicata effect (kesin hüküm etkisi) of the judgment must be distinguished from claiming that a payment made after the judgment ended the debt. The route to use is assessed according to the nature of the specific claim. [3–5]
| File preparation | Information to record | Check it provides |
|---|---|---|
| Monthly debt schedule | Amount and period in the decision | Checking the total claimed |
| Payment schedule | Date, recipient, description, document number | Tracking each payment |
| Disputed expenses | School, transport, gift or other expense | Separate review of any offsetting agreement |
| Enforcement proceedings | Notification, collection and file account | Checking time limits and duplicate collection |
When applying to Güneş & Güneş Law Firm, it is useful to submit not only selected receipts but also the account movements for the relevant period, the decision, the protocol and the notifications. When a payment claim is linked to these records, the amount over-claimed and the correct route can be determined more reliably.
Conclusion
Reliable documentation of a maintenance payment rests on clearly showing the recipient, the period and the type of debt. Unexplained transfers can be evaluated on the basis of concrete evidence; for school and transport payments, however, performance to a third person and the offsetting agreement must be proven separately. Rather than changing the existing decision unilaterally, it is necessary to keep clear payment records and to use the correct procedural route in a dispute.
Related articles: Types and conditions of maintenance; What to do if maintenance is not paid?; Child maintenance: the child’s expenses, private school fees and parental contributions; Maintenance in a consensual divorce: waiver, conditions for increase and later amendment of the protocol; How is actual income determined in a maintenance case? Expert income report and the claim of income concealment; Accrued maintenance and limitation: how many years back can past-period claims be made?; Can foreign-currency maintenance be converted into TL? Foreign-currency debt, exchange-rate increases and the adaptation action
Frequently Asked Questions
If the receipt does not mention maintenance, is the payment never counted?
Such a result does not follow in every case. The recipient, regularity, amount and other documents are examined. The lack of a description still increases the risk of a dispute over proof.
If I pay a school instalment, can I stop the monthly maintenance?
Stopping it unilaterally is not correct. The scope of the decision and of any protocol, and the proper proof of any offsetting agreement, must be assessed.
Does a cash payment end the debt?
If the conditions for valid performance are met, a payment can end the debt. However, proof of the payment and the document requirements of the authority to which one applies are also important.
Is any receipt sufficient in the enforcement court?
No. The special document requirements of Article 33 İİK, the acceptance of the signature and the timing of the payment must be examined.
Can another person pay on my behalf?
It is important to explain whose debt the payment was made for and whether it reached the correct creditor. Payment to a third person, however, is a different issue.
Is a phone bought for a child deducted from maintenance?
Not automatically. A voluntary expense does not replace the debt unless its connection to the adjudicated debt and a valid offsetting arrangement are proven.
If my former spouse owes me money, can I set off the maintenance?
Article 144 TBK provides special protection for maintenance claims. The existence of another claim does not in itself justify a one-sided deduction.
Why are regular payment records important?
They help show which period’s debt each transfer relates to. Especially for payments without a description, they are assessed together with other evidence.
Does filing a negative declaratory action stop enforcement?
Filing the action alone does not stop enforcement. The conditions for temporary protection under Article 72 İİK and the stage of the enforcement proceedings are examined separately.
What information should a payment record contain?
The date, amount, recipient, type of maintenance, period and the relevant decision or file details should be clear. The bank receipt and the completed account entry should be kept.
Sources and legal bases
- Law No. 6098, Turkish Code of Obligations, Arts. 100–104, 139–144. Checked on October 13, 2026.
- Law No. 6100, Code of Civil Procedure, Arts. 190, 199–203.
- Law No. 2004, Enforcement and Bankruptcy Law, Arts. 33, 72.
- Civil General Assembly of the Court of Cassation, May 17, 2022, E.2020/133, K.2022/658, especially §22–25. Official full text; some secondary records give the case number as 2020/3-133.
- Second Civil Chamber of the Court of Cassation (Yargıtay 2. Hukuk Dairesi), May 25, 2023, E.2023/1241, K.2023/2685. Official full text.