In maintenance lawsuits, the competent court is, as a rule, the family court. However, the court where the case is filed depends on the type of maintenance and on whether the claim is raised within divorce proceedings or as an independent action. Where no family court exists, a civil court of first instance assigned to that role hears the case in its capacity as a family court. When preparing the case, naming the correct court matters as much as naming the parties correctly, stating the claim period and submitting the evidence on time. [1–3]
This article addresses the filing process rather than restating the substantive conditions for maintenance. Jurisdiction, venue, the petition, mediation, litigation costs and legal aid are separated and examined individually. The research date is October 14, 2026.
The difference between the competent court by subject matter and the competent court by venue
Subject-matter jurisdiction (görev) determines which type of court will hear the case; venue (yetki) determines which court in which location will hear it. An action to set or increase maintenance and a complaint about enforcement in the collection of maintenance are not the business of the same court. An application for coercive imprisonment for non-payment of maintenance is also separate from the amount action conducted in the family court. [1; 3; 7]
Article 4 of Family Courts Law No. 4787 (Aile Mahkemelerinin Kuruluş, Görev ve Yargılama Usullerine Dair Kanun) defines the field of duty of the family court in matters arising from family law. Where no family court exists, the assignment system in Article 2 of the same Law applies. Rather than filing the application merely as a "civil" case, it should be checked whether the court is acting as a family court. [1]
Subject-matter jurisdiction is a procedural prerequisite and is examined by the court on its own motion. As to venue, it must be determined whether exclusive venue applies. An objection to venue that is not exclusive must be raised in time and in the proper form, and the competent court must also be identified. This distinction prevents the assumption that every action filed in the wrong place will automatically be transferred by the court. [3]
Where is a maintenance lawsuit filed depending on the type of maintenance?
A single venue rule cannot be applied to all maintenance claims. Post-divorce maintenance, an independent protective measure during marriage and support maintenance (yardım nafakası) rest on different articles. The general venue rule and the special venue options must be considered together. [2; 3]
| Claim | Provision to be examined first | Practical distinction |
|---|---|---|
| Interim maintenance in a divorce action | TMK 169; the procedure of the divorce file | The claim is assessed in the existing divorce file |
| Post-divorce maintenance action | TMK 177; HMK 6 | The creditor's place of residence option is examined |
| Independent protective measure during marriage | TMK 201 | Principles on the place of residence of one of the spouses |
| Support maintenance | TMK 365/6 | The place of residence of one of the parties |
| Enforcement action or complaint of maintenance violation | Relevant special provisions of the Enforcement and Bankruptcy Law (İİK) | Separated from the amount action in the family court |
The headings in this table are a starting point for legal classification. In particular, a claim by an adult child for education expenses should not automatically be tied to the same parties and venue rules as a child maintenance (iştirak nafakası) action brought on behalf of a minor child. Both the place of residence and the legal domicile should be assessed on the basis of concrete records.
Court of Cassation decision on an adult child’s education claim
In the decision of the 5th Civil Chamber of the Court of Cassation (Yargıtay 5. Hukuk Dairesi) dated November 6, 2023, E.2023/4275, K.2023/10265, a conflict of jurisdiction arose between courts. The claim was characterised as support maintenance, and under Article 365/6 of the Turkish Civil Code (TMK) the court chosen by the creditor was accepted as competent. [5]
The first court's different assessment, as quoted in the decision text, should not be read as the Court of Cassation's final view. Nor does this result mean that all child maintenance claims are directly subject to TMK 365/6. The child's age, who exercises the right to sue and the legal basis of the claim must be stated.
How should the parties and claims be stated in the petition?
A claim for maintenance for a minor child differs from a claim an adult child brings in their own name. For a minor, representation and the right to sue are assessed; for an adult, the adult's own standing as a party is assessed. The fact that a parent was a claimant in the past does not show that all claims after the child reaches adulthood can be pursued by the same person. [2] A similar distinction is discussed in the article Maintenance After Age 18.
Under HMK 119, the petition must contain the court, the party details, the facts, the evidence, the legal grounds and a clear claim for relief. The monthly amount requested, the start date and any request for an annual increase must not be left uncertain. If there is a need for temporary maintenance, the reason for it and the supporting documents must also be explained separately. [3]
How are income and needs information presented?
Rent, education, health, transport and other regular needs should be shown with documents wherever possible. When an income investigation is requested, concrete data should be stated that calls for examining assets, rental income, company relationships and the actual economic situation, rather than focusing only on salary. The assumption that an undocumented claim of high income, or a registered wage alone, shows the whole capacity to pay may be equally inadequate.
The fact each document proves must be explained. For example, a school invoice shows the education expense, a bank record shows the payment flow, and a medical report shows the need for regular care. The same expense must not be added to the monthly budget twice on the basis of different documents. The needs table may be updated as circumstances change during the proceedings, and the limits on procedural submissions must also be observed. [2; 3]
Is mediation mandatory before a maintenance lawsuit?
There is no general mandatory condition of mediation before an action to set or amend maintenance. The areas of family law in which the parties cannot freely dispose of rights should be distinguished from disputes that concern only property. The two extreme views, namely that "every monetary dispute concerning a family matter is suitable for mediation" and that "no agreement can be reached on any matter connected with maintenance", are both incorrect. [4] The related procedural steps are also explained in the article Maintenance in an Uncontested Divorce.
Under Law No. 6325 on Mediation in Civil Disputes (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu), disputes that include allegations of domestic violence are not considered suitable for mediation. Arrangements concerning a child's future right to maintenance also do not produce unlimited effect as the parties wish. Where an agreement on accumulated monetary claims is contemplated, the scope, representation, consent and validity conditions must be examined separately. [2; 4]
How do the proceedings unfold?
HMK 316 regulates simplified proceedings for actions for maintenance and for the removal or reduction of maintenance. However, claims raised within a divorce action should not be treated in the same way as an independent maintenance action. After the action is filed, the steps in the preliminary examination order (tensip kararı), service and the periods for submitting evidence must be followed. [3]
In simplified proceedings, the period for the answer is, as a rule, two weeks from service of the statement of claim. If the conditions are met, one additional period of at most two weeks may be granted, once only, upon a timely application. It is incorrect to assume that documents can be submitted later without limit, given the limits on extending the claim and the defence. [3]
| Stage | Step to prepare |
|---|---|
| Before filing | Check of type, parties, subject-matter and venue jurisdiction, and period |
| Petition | Clear amount, start date, increase and explanation of evidence |
| After service | Tracking of the answer, objections and the periods in the preliminary examination order |
| Examination | Economic investigation and assessment of needs documents |
| After the decision | Separate checks of service, legal remedies and the conditions for enforcement |
If a decision declining jurisdiction or venue is given, the transfer of the file should not be left to proceed as if it were automatic. The start of the two-week period for an application under HMK 20 is determined by whether the decision is final, whether a legal remedy has been pursued and the related service records. If the period is missed, the consequence may be that the action is deemed not to have been filed. [3]
For which costs is legal aid requested?
Legal aid under HMK 334 et seq. rests on the criteria that a person cannot pay litigation costs without seriously placing themselves and their family in financial hardship, and that the claim is not manifestly without basis. Rather than the bare statement "I have no income", documents showing the economic situation must be submitted. Income, assets, rental burden and the persons one is obliged to support are explained together. [3]
Legal aid requested from the court and the appointment of a lawyer from the bar are not the same application. Bar legal aid (baro adli yardımı) under Articles 176 et seq. of the Attorneys Act No. 1136 (Avukatlık Kanunu) is assessed for legal representation, whereas the HMK regulation is assessed for litigation costs and the related procedural facilities. Acceptance of one does not mean that the other is automatically accepted. [3; 6]
Reading the Court of Cassation decision together with the current deadline
In the decision of the 2nd Civil Chamber of the Court of Cassation (Yargıtay 2. Hukuk Dairesi) dated June 15, 2026, E.2026/632, K.2026/6525, a request for legal aid at the stage of legal remedy was rejected on the ground that sufficient documents were not present, and the file was returned for the necessary procedural steps. This decision is not a rejection of the merits of maintenance; it shows the importance of documenting the economic situation. [8]
The decision text contains a reference to a one-week period for objecting to the rejection of legal aid, but the current text of HMK 337/2 provides for two weeks. When the period information is passed on, the wording in the decision text should not be used in place of the current law. In this guide, the general rule is taken as two weeks from service of the rejection decision. [3; 8]
Legal aid does not mean that all costs are permanently and unconditionally erased in every case. The collection, instalment and exemption provisions of HMK 339 must be taken into account. An application as a rule does not cover earlier costs; it is important to make it in time, once the need arises. [3]
Conclusion
Preparing a maintenance lawsuit correctly requires setting out the procedural framework as clearly as the amount claimed. Once the type of maintenance, the party status and the place of residence have been correctly identified, the need and the capacity to pay must be documented. Legal aid requests should be submitted with their supporting grounds, and the periods for service, the answer and the referral should be tracked separately. This preparation prevents a legitimate claim on the merits from being weakened by a procedural error.
Related articles: Coercive Imprisonment for Unpaid Maintenance: Conditions, Service, Complaint Deadlines and Objection; Interest and Annual Adjustment of Maintenance: Start Date, Index and Missing Payments; Can Overpaid Maintenance Be Recovered? Restitution, Refund in Enforcement Proceedings and Time Limits; Types of Maintenance and Conditions: Who Can Receive Maintenance, How It Is Calculated and When It Ends.
Frequently Asked Questions
Which court hears a maintenance lawsuit?
As a rule, the family court; where no family court exists, the civil court of first instance assigned to hear it acts as a family court. [1]
Can I file every maintenance lawsuit where I live?
The type of maintenance and the special venue provision must be examined. A single address rule does not apply to all claims. [2; 3]
Is a separate action needed for interim maintenance while the divorce is ongoing?
A request for interim measures under TMK 169 during divorce is assessed in the existing divorce file. An independent measure for the protection of the marital union is a different matter. [2]
Can a mother file an action on behalf of an adult child?
The adult's own standing as a party and power of representation are examined. The custody status that existed during minority does not continue automatically. [2; 5]
Is mediation a condition of suit in a maintenance action?
There is no general obligation for an action to set or amend maintenance. The suitability of related agreements is also assessed separately. [4]
How long is the period for the answer?
In an independent simplified proceeding, the rule is two weeks. If the conditions are met, an additional period of at most two weeks may be granted upon a timely request. [3]
Will a wrong court send the file on its own?
The request for referral under HMK 20 and its time conditions must be followed. Assuming the file will be sent automatically may lead to loss of rights. [3]
Does the appointment of a lawyer from the bar remove all fees?
Bar legal aid and legal aid requested from the court are assessed separately. The outcome of one does not replace the other. [3; 6]
What is the period for objecting to the rejection of legal aid?
Under the current HMK 337/2, it is two weeks from service. Decisions or documents containing the old period should be checked against the text of the law. [3]
If legal aid is granted, will I never pay any costs?
The outcome is not the same in every file. The conditions for collection, instalments or exemption at the end of the case are assessed under HMK 339. [3]
Sources and legal bases
- Family Courts Law No. 4787 (Aile Mahkemelerinin Kuruluş, Görev ve Yargılama Usullerine Dair Kanun), arts. 2 and 4. <https://www.mevzuat.gov.tr/mevzuatmetin/1.5.4787.pdf>
- Turkish Civil Code No. 4721 (Türk Medeni Kanunu), arts. 169, 177, 201, 328–330, 364–365. <https://www.mevzuat.gov.tr/mevzuatmetin/1.5.4721.pdf>
- Code of Civil Procedure No. 6100 (Hukuk Muhakemeleri Kanunu), arts. 6, 19–20, 114, 119, 316–319, 334–339. <https://www.mevzuat.gov.tr/mevzuatmetin/1.5.6100.pdf>
- Law No. 6325 on Mediation in Civil Disputes (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu), arts. 1, 18/A and 18/B. <https://www.mevzuat.gov.tr/mevzuatmetin/1.5.6325.pdf>
- Court of Cassation, 5th Civil Chamber, 06.11.2023, E.2023/4275, K.2023/10265. <https://mevzuat.adalet.gov.tr/ictihat/965091500>
- Attorneys Act No. 1136 (Avukatlık Kanunu), arts. 176–181. <https://www.mevzuat.gov.tr/mevzuatmetin/1.5.1136.pdf>
- Enforcement and Bankruptcy Law No. 2004 (İcra ve İflas Kanunu), arts. 16, 344, 348. <https://www.mevzuat.gov.tr/mevzuatmetin/1.3.2004.pdf>
- Court of Cassation, 2nd Civil Chamber, 15.06.2026, E.2026/632, K.2026/6525. <https://mevzuat.adalet.gov.tr/ictihat/1221367000>