Maintenance is not determined solely by a payslip or by the monthly income a party states. Rental income, earnings from a company, regular bank transactions, assets and necessary expenses are assessed together. The social and economic status investigation (SED) is an important part of this review, but a report that conflicts with other evidence should not be relied on alone. Even so, the fact that a person drives an expensive car or that a large sum is credited to their account does not by itself prove that the entire amount is regular net income. [1–4]
This article explains how the real economic position of a person seeking maintenance, or obliged to pay it, can be established. The focus is not on creating a maintenance table. It shows which claim can be supported by which document, how to object to an incomplete investigation, and how to present a verifiable financial picture to the court.
Why does actual income matter for each type of maintenance?
Need and ability to pay are examined together
In child maintenance (iştirak nafakası), the child's needs, the living conditions of the mother and father, and their ability to pay are what matter. In poverty maintenance (yoksulluk nafakası), the risk of falling into poverty because of the divorce and the financial capacity of the other spouse are important. In support maintenance (yardım nafakası), the subsistence of the person in need is weighed against the financial capacity of the obligor; for siblings, a separate welfare condition also applies. The same income picture may therefore lead to different results for different types of maintenance. [1, m.175, 330, 364–365]
For example, a parent who lives with the child and works in paid employment does not thereby remove the other parent's duty to contribute. Taking on the child's day-to-day care is also taken into account. Conversely, having an income in a poverty maintenance claim requires that need and living conditions be examined. Definitive statements such as "He works, so he cannot receive it" or "She does not work, so she will certainly receive it" cannot be drawn. [1, 3]
A single income percentage is not a statutory tariff
There is no general statutory tariff under which maintenance is a fixed percentage of salary in every case. Percentage calculations found online do not give a reliable assessment unless they take into account the expenses and other obligations in the file. What guides the court's discretion is concrete data that explains financial capacity and need. [1] The deduction rate applied when maintenance is collected by attachment from salary or pension is a separate matter; for that, see Attachment of Salary and Pension for Maintenance.
What does the social and economic status investigation (SED) show?
The SED investigation may collect information on profession, employment status, income, immovable property, rent expenses, the persons living together and the family members the person must support. However, the scope of the report and the sources it relies on vary from file to file. If the report only records the person's own statement, this must be stated clearly when the document is evaluated. [3–4]
A report is not a final or fixed income document
Recording in the investigation that "monthly income is such-and-such" does not prevent examination of bank and land registry records. After the report was prepared, there may have been a change of job, retirement, the end of a lease or a new business income. Rather than equating an old report with the current financial situation, data for the relevant period should be collected.
For an objection to be useful, it is not enough to say only "the report does not reflect reality." It should state which information is wrong, which document contradicts it, and what should be requested from which institution. For example, if the report shows only a salary while there is a lease agreement for a property known to be rented out, that rental relationship and the related account movements can be made the subject of investigation. [2, m.194, 219–221; 3]
Which document is requested for which income?
| Subject of inquiry | Record that may be requested | Limit of assessment |
|---|---|---|
| Wages and side payments | Employer payrolls, Social Security Institution (SGK) records, wage account | The payroll may not show the full amount of premiums and bonuses. |
| Immovable property income | Title deed information, lease agreement, rent collections | Owning a property does not mean receiving rent every month. |
| Company partnership | Trade registry, company records, profit distribution and partner account | A company's turnover is not the personal income of a partner. |
| Self-employment income | Tax records, collection documents, professional expenses | Gross collections are separated from usable earnings. |
| Regular bank transactions | Account statements and transaction descriptions for the relevant period | Loans, escrow funds and transfers between accounts are filtered out. |
This table is intended for evidence preparation. Obtaining records from banks, employers or institutions must be done through proceedings that comply with the procedural rules. The relevance of the requested records to the concrete dispute and their period must be stated; collecting unrelated information about other persons should not be the aim. [2]
How is company turnover separated from personal income?
Not all money passing through a business account can be recorded as a partner's personal income. There may be business expenses such as purchases of goods, staff costs, taxes and rent. On the other hand, relying only on a low payslip may also hide other economic benefits the company provides. Concrete claims, such as profit shares, regular withdrawals and personal expenses paid by the company, should be examined against their records.
The aim is not to penalise commercial activity but to determine correctly the economic capacity that can actually be used. If treating a transaction as personal income requires a technical accounting review, open questions should be put to the expert. Legal assessment and the power to fix the amount of maintenance belong to the judge. [1; 2, m.266]
How is a claim of concealed income made concrete?
Visible living conditions can be a starting point for investigation
A difference between declared income and steady expenditure that needs to be explained may justify a more detailed examination. However, a holiday photo, a social media post or an image of a car in use does not by itself provide a definitive income calculation. The expense may have been made by someone else, the car may be rented, or the photo may date from earlier years.
For this reason, a claim of a "high standard of living" should be assessed together with the date, the type of expense, the relationship of ownership or use, and the source of payment. Rather than inaccurate accusatory statements, a concrete account is preferable, such as "there is a difference between the declared income and this record that needs to be explained." [2, m.190, 194]
Why is an account movement not divided directly by monthly income?
For example, a high total of incoming payments in a six-month account statement may consist of the sale price of a home, loan proceeds and transfers between the person's own accounts. Dividing all of these by six and treating the result as monthly earnings would count the same money more than once. On the other hand, a regular rent or business receipt should not be accepted as a loan without any basis.
When transactions are classified by source, the dispute narrows: wages, rent, commercial receipts, borrowing, sale of assets, support from third parties and internal transfers. Uncertain transactions are marked separately, and an assumption is not presented as concrete data.
Burden of proof and the limit of lawfully obtained evidence
Under Article 190 of the Code of Civil Procedure (HMK), unless the law provides otherwise, a party who derives a right from an alleged fact in its favour must prove that fact. In maintenance cases, the court ordering an economic investigation does not remove the parties' duty to state their claims and evidence in time. The court's powers in relation to the protection of the child should not be confused with the idea that every financial claim will be investigated on its own. [2]
Requesting records through the court is different from unauthorised access to an account
Unauthorised access to the other party's internet banking, email or private messages is not an ordinary way of gathering evidence. HMK Article 189(2) provides that evidence obtained unlawfully cannot be taken into account. The bank and business records that are needed should be requested through the court, stating the subject matter and the period. [2]
Adding a screenshot to the file does not by itself prove its accuracy, integrity or lawfulness. The source of the post, its date and how it was obtained should be explainable. If a dispute arises, the original document and its consistency with other records become important.
How do Court of Cassation decisions explain the scope of the investigation?
When bank and land registry records point to a different result from the SED report
In its decision of February 18, 2016 (E.2015/16775, K.2016/2159), the 3rd Civil Chamber of the Court of Cassation (Yargıtay 3. Hukuk Dairesi) assessed the income information from a law enforcement inquiry together with numerous immovable properties, bank transactions and witness statements. The Chamber did not consider it sufficient to rely only on the law enforcement finding. It stated that rental and other income, any other maintenance obligation and the child's school expenses should be investigated. The decision was reversed because of the incomplete examination in the concrete case. [3]
The decision does not establish that "anyone with bank movements has a high income." What it shows is that conflicting economic indicators must be explained with reasons.
An income declaration that does not match expenses must also be investigated
In its decision of January 25, 2017 (E.2016/21312, K.2017/595) on support maintenance, the 3rd Civil Chamber of the Court of Cassation focused on the contradiction between the declared low income and a workplace rent, loan payments and an existing child maintenance obligation. The Chamber asked that, once the real income had been determined through investigation at the relevant institutions, the ratio between need and financial capacity be assessed. [4]
The decision does not require that a maintenance claim be accepted or rejected in any particular way; it requires that sufficient investigation be carried out. This distinction protects the rights of both the maintenance creditor and the obligor.
How should the financial file be prepared for court?
| Document group | Preparation format | Error prevented |
|---|---|---|
| Income | A list narrowed by source and period | Counting a one-off receipt as monthly income |
| Mandatory expenses | Current contract, invoice and payment record | Accepting declared expenses without verification |
| Child expenses | Monthly and periodic expenses shown separately | Writing an annual school fee down again every month |
| Investigation requests | Institution, period and the fact to be proven | Vague and fruitless requests for records |
A short explanation should be added to the document file: which record is certain, which will be investigated, and which is the other party's claim? Estimated amounts and documented amounts should be shown separately in the same table. Obligations relating to caregiving and to other children should also be explained with appropriate documents. [1, 3–4]
When you apply to Güneş & Güneş Law Firm for an assessment of maintenance, sending the existing decision, the latest income records, expense documents and any previous investigation reports together makes it easier to define the scope of the dispute. In the concrete file, legal routes and evidence requests are evaluated on the basis of these records.
Conclusion
Determining actual income is not a mechanical calculation based on a single document. The SED report, bank and asset records, the employment relationship and necessary expenses should confirm one another. Where there is a contradiction, its resolution should be requested; claims not proven by economic indicators, or an assumed intention to conceal, should not be presumed. A sound maintenance assessment rests on establishing need and ability to pay for the same period.
Related articles: Types of Maintenance and Their Conditions; Maintenance Increase Lawsuit; Child Maintenance: Child's Expenses, Private School Fees and Parental Contribution; Accumulated Maintenance and Limitation: How Many Years Back Can Unpaid Amounts Be Claimed?; How Is Maintenance Payment Proven? Undocumented Transfers, Cash Payments and Set-Off; Can Maintenance in Foreign Currency Be Converted to Turkish Lira? Foreign-Currency Debt, Exchange Rate Increases and Adjustment Lawsuits; Collecting Child Maintenance from Abroad
Frequently Asked Questions
Does a payslip alone determine the amount of maintenance?
No. Other income, assets, needs and mandatory expenses are also assessed. The payslip is an important document, but on its own it does not always show the whole economic capacity.
Can the SED report be objected to?
Incomplete or contradictory findings can be challenged by explaining them with concrete documents and requesting further investigation. The reason why a particular piece of information is wrong should be stated.
Is the whole turnover of a company counted as a partner's income?
No. Business expenses and the financial relationship between the company and the partner must be separated. Personal earnings and benefits are examined through concrete records.
Can the income of a person with no SGK record be investigated?
Yes. The absence of a record does not mean there is no income at all. Occupation, rent, commercial activity and other evidence can be assessed.
Does a social media photo prove that income is being concealed?
It does not by itself provide a definitive income calculation. Its date, its context, the person who made the expense and its connection with other records are investigated.
Do I need to access the other party's bank account?
No. The necessary records are requested through lawful judicial channels. Unauthorised account access may create problems for the usability of the evidence and for other legal liabilities.
Is rental income taken into account in calculating maintenance?
Rental income actually received is important in assessing financial capacity. The lease relationship and the collections are examined together with the title record.
If income changes over time, can a new investigation be carried out?
A current investigation for the relevant period of the dispute can be requested. The date of the change and its effect on maintenance should be explained.
Can a witness describe someone's economic situation?
A witness can describe facts within their direct knowledge. Estimated amounts or amounts based on hearsay should not be accepted with the same certainty as official and financial records.
Does high spending prove that declared income is necessarily concealed?
No. Borrowing, savings or support from others may exist. The difference is a contradiction that needs to be investigated; on its own it is not conclusive proof of concealment.
Sources and legal bases
- Law No. 4721 on the Turkish Civil Code (Türk Medeni Kanunu), Articles 4, 175, 182, 327–331, 364–365. Date the relevant provisions were checked: October 13, 2026.
- Law No. 6100 on Civil Procedure (Hukuk Muhakemeleri Kanunu), Articles 189–194, 219–221, 266.
- Court of Cassation, 3rd Civil Chamber (Yargıtay 3. Hukuk Dairesi), February 18, 2016, E.2015/16775, K.2016/2159. Official full text.
- Court of Cassation, 3rd Civil Chamber (Yargıtay 3. Hukuk Dairesi), January 25, 2017, E.2016/21312, K.2017/595. Official full text.