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Maintenance Cases

Maintenance Increase Action Against a Parent Living Abroad: In Which Country and How Is It Filed?

On an office desk, a maintenance increase file, the child’s expense list, a passport and a school notebook
Author: Published: About 28 min read

Institutional legal review and control: Güneş & Güneş Law Firm

Published by: Güneş & Güneş Law Firm

Summary

A parent’s living abroad does not, by itself, prevent an increase in the maintenance paid for a child.

Date of legal research: October 11, 2026

A parent’s living abroad does not, by itself, prevent an increase in the maintenance paid for a child. However, the right application depends on the country in which the existing decision was issued, where the child and the parents live, the changed needs and where the decision will be enforced. Whether an action can be filed in Türkiye, whether Turkish law applies and whether the new amount can be collected in a foreign country must each be assessed separately. [1,3,5]

This guide deals with an increase in maintenance set in favor of the child. The conditions for the maintenance that a former spouse receives for herself or himself (poverty maintenance) are different. If there is no maintenance decision yet, the issue is setting maintenance for the first time; if there is a decision but payment is not being made, it is collection and enforcement; if the existing amount does not meet the child’s needs, it is an increase. More than one of these routes may need to be pursued together in the same family.

The Difference Between the Annual Increase in Maintenance and an Increase Action

The first documents to examine are the operative part (hüküm fıkrası) of the court decision together with its reasoning and, if there is one, the approved divorce protocol. If the decision contains an explicit annual increase provision, a new increase decision is not needed merely to calculate that provision. If the debtor keeps paying the old amount, this creates an accounting and collection problem.

By contrast, if the child’s needs are still not met even though an index increase is applied, a new amount can be requested on the basis of changed circumstances. In child maintenance governed by Turkish law, the main basis is Article 331 of the Turkish Civil Code (TMK). A request for an increase arrangement for future years must also be made explicitly under Article 330 of the Civil Code. [1]

Choosing the action according to the existing maintenance decision
Current situationAction to considerDocument to check first
The decision provides an annual increase, but it is applied only in partCalculation in line with the judgment and collection of the underpaymentMonth of increase, index and earlier payments
The increase is applied, but current needs are still not metMaintenance increase based on changed circumstancesEarlier and current expense and income documents
There is no maintenance decision yetSetting maintenance for the first timeParentage, care arrangement and needs documents
A foreign decision exists and action is sought in TürkiyeReview of the decision’s effect, recognition or enforcement (tenfiz), and any separate need for an increaseForeign decision, notification and applicable convention

There is no single increase rate that applies to all maintenance for 2026. Wording in a decision such as “change compared with the same month of the previous year,” “twelve-month average” or any other expression does not yield the same calculation. The period and the date of the first increase matter as much as the name of the index. An unclear provision cannot be resolved by one of the parties choosing the rate that suits it.

Under What Conditions Can Child Maintenance Be Increased?

The Child’s Needs and the Earlier Balance Are Assessed Together

Under Articles 327, 330 and 331 of the Civil Code, the child’s care, education and protection expenses and the financial means of the mother and the father are assessed together. The child’s growing up, a change in school level, documented health needs and rising transport and care costs can support an increase request. The child’s own income is also taken into account. [1]

The claim should not be reduced to the sentence “life has become more expensive.” The circumstances known when the earlier decision was issued should be compared with today’s circumstances, and it should be shown which expense changed, when and why. A new school contract, a treatment plan and documents of regular payment make this comparison concrete.

The debtor parent, in turn, may argue that his or her income has fallen, that he or she has become unemployed, that health expenses have risen or that he or she has other care obligations. These responses are also assessed on the basis of documents. Living abroad is not, by itself, a presumption of high income; likewise, a bare declaration of low income does not make it unnecessary to investigate all assets and sources of income.

Is It Necessary to Wait a Year Before Filing?

Article 331 of the Civil Code does not provide for a mandatory one-year waiting period for a maintenance increase. What matters is that circumstances requiring an increase have arisen since the earlier determination. A request to change maintenance that was set only a short time ago by repeating the same facts may be found insufficient. A new and serious health expense is not the same thing as merely being dissatisfied with the earlier assessment. [1]

The other party’s remarriage or the birth of a new child does not, by itself, remove the existing child’s right either. The effect on the financial balance is made concrete. The child’s needs, the contribution of the two parents and other genuine obligations are considered together; no single item replaces the whole calculation.

Is the Maintenance Increase Action Filed in Türkiye or in a Foreign Country?

The Court with Subject-Matter and Territorial Jurisdiction in Türkiye

Subject to applicable international instruments, the international jurisdiction of Turkish courts is determined under Article 40 of the Law on Private International and Procedural Law (MÖHUK) by the domestic rules on territorial jurisdiction. In these disputes arising from family law, subject-matter jurisdiction lies with the family court under Law No. 4787 and, where there is no family court, with the civil court of first instance (asliye hukuk mahkemesi) designated for this role. [3,4]

In maintenance actions filed after a divorce, Article 177 of the Civil Code also makes the place of residence of the maintenance creditor a competent venue. The general and other applicable jurisdiction rules of the Code of Civil Procedure (HMK) are also examined. However, the conclusion that “if the plaintiff is a Turkish citizen, he or she can file in any city he or she wishes” cannot be drawn. In a file in which the child and both parents are abroad, the jurisdictional connection with Türkiye must be shown specifically. [1,2,3]

In choosing where to file, it is necessary to consider not only the court before which an action can be brought but also the country where the evidence is located, the possibility of proper notification and the place where the debtor’s income can be reached. A decision obtained in Türkiye may require a separate recognition or enforcement process in order to be applied in another country. The jurisdiction of the foreign court itself is examined under the rules of that country and the binding international instruments.

Whom Does Article 18 of the 2007 Hague Convention Restrict?

Article 18 of the 2007 Hague Maintenance Convention limits, under certain conditions, the maintenance debtor’s having a decision modified in another Contracting State. If the decision was issued in the Contracting State in which the creditor is habitually resident and the creditor continues to live there, the debtor cannot, as a rule, initiate in another Contracting State a process to modify the decision or to obtain a new decision on the same maintenance. This restriction is not a provision that wholly prohibits the creditor’s request for an increase. [5]

The article provides for exceptions such as the creditor’s accepting the jurisdiction of the other authority, the authority of the first State being unable to exercise its jurisdiction or refusing to do so, and the earlier decision being unable to be recognized in the other State. The exception concerning a written agreement on jurisdiction is not applied to child maintenance. When the objection to jurisdiction is raised may also affect the assessment of the creditor’s acceptance.

Article 10 of the Convention allows certain applications for modification of a decision to be transmitted through Central Authorities; however, under Article 10/3 the jurisdiction rules of the requested State are still examined. Applying to a Central Authority does not automatically make every court to which the application is sent competent. Academic studies likewise explain modification applications separately from recognition and enforcement applications. [5,18]

Which Country’s Law Applies in an Action Filed in Türkiye?

The filing of an action before a Turkish court does not necessarily mean that Turkish law will be applied to the amount of maintenance. Article 1/2 of the Law on Private International and Procedural Law preserves international conventions. For Türkiye, the 1973 Hague Convention on the Law Applicable to Maintenance Obligations should be considered first in relationships within its scope. [3,7]

For child maintenance, the starting point under the Convention is the law of the creditor’s habitual residence. Habitual residence refers not only to the address in the population register but to the actual center of the child’s life. If maintenance cannot be obtained under that law, cascading rules may come into play, such as the common national law and then the law of the authority seised. The effect of a change of habitual residence on later periods is also specifically regulated. [7]

The application of the 1973 Convention does not depend on the law it designates necessarily being that of a Contracting State. Türkiye’s reservation under Article 15 points to Turkish domestic law under certain conditions, such as both parties being Turkish citizens and the debtor’s habitual residence being in Türkiye. Holding a Turkish passport alone does not meet this exception.

Where the Convention does not apply, the rule in Article 19 of the Law on Private International and Procedural Law on the law of the maintenance creditor’s habitual residence is considered. The content of foreign law is investigated by the judge; it helps the examination if the parties submit the relevant legislation and reliable explanations. The 2007 collection convention and the 2007 protocol on applicable law are separate instruments; as of the research date, Türkiye is not a party to that protocol. [3,8]

How Is the Income of a Parent Living Abroad Proved?

Net Income and Obligations Matter as Much as the Currency of the Salary

Receiving a salary in euros, dollars or pounds does not, by itself, give rise to a particular amount of maintenance. Gross pay should be distinguished from income after taxes and mandatory deductions, and bonuses, rent, company earnings and other income should be examined. The mandatory living costs of the country of residence and genuine care obligations must also be documented.

On the other hand, it cannot be expected that all personal spending will be accepted as a “mandatory expense.” The nature of claims about loans and a high standard of living, their timing and their relationship to the maintenance obligation are important. The care labor of the parent who actually looks after the child should likewise not be reduced to the income in a bank account. [1,10]

Evidence table for income and needs
Subject to be examinedDocuments that can be usedDistinction to note
Salary and additional paymentsPayroll, employment contract, tax documentGross and net income; regular and one-off payments
Company and rental incomeTrade registry, financial records, lease agreementCompany turnover and personally available income
AssetsTitle deed, bank and lawfully acquired recordsThe value of the assets and the income they generate
The child’s educationSchool contract, transport and materials invoicesSpreading the annual expense over months
Health and careReport, treatment plan, care expense documentsOngoing need and temporary spending
Earlier paymentsBank receipt (dekont), annotated payment scheduleMonthly maintenance, additional school payment and duplicate claims

The Court of Cassation’s Approach in a File Involving Foreign Income

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) discussed the father’s commercial activity abroad, his immovable property, his bank transactions and the child’s private school expenses. The Chamber did not find it sufficient to rely only on the income reported in the law enforcement inquiry; it required a detailed investigation of the other records and of the school expenses. The judgment issued after an incomplete examination was reversed. [10]

The practical value of the decision is not a generalization such as “everyone who works abroad pays high maintenance.” Conflicting income evidence must be clarified. It is therefore important to state specifically in the petition the known employer, company, type of income and source of documents. The historical monetary amounts in the decision do not form a tariff for today’s files.

The obtaining of records in a foreign country depends on that country’s law and on the channels of judicial assistance. In suitable applications under the 2007 Convention, Central Authorities can help to reach address, income or asset information and to obtain evidence. This possibility does not give a right of unauthorized access to a person’s private accounts. [5]

How Should the Child’s Expenses Be Calculated?

The basis of the claim should be the child’s reasonable and documentable needs. Monthly expenses and payments made once a year should be shown separately; when the school fee is spread across the monthly budget, the same fee should not be added again separately. Presenting the family’s entire rent as if it belonged to the child is also a calculation that needs explanation.

Hypothetical calculation example: If the total annual school and transport expense is 180,000 Turkish lira (TL), the monthly equivalent is 15,000 TL. If the other documented monthly child expenses are 10,000 TL, the total need may be argued as 25,000 TL. This total does not mean that the other parent will necessarily pay 25,000 TL in maintenance. The financial means of the two parents, the actual contribution of care, the child’s income if any and existing direct payments are assessed separately. [1]

If the child studies abroad, accommodation, insurance and transport costs may come into play. However, it cannot be said that the whole of every high-cost education program chosen unilaterally will be imposed on the other parent. The earlier education arrangement, the parents’ agreement, the child’s interest and the ability to pay are examined together.

Does a Divorce Protocol Prevent an Increase Action?

The Effect of a Provision Waiving Future Claims

In its decision of April 15, 2026 (E. 2026/2058, K. 2026/4169), the 2nd Civil Chamber of the Court of Cassation (Yargıtay 2. Hukuk Dairesi) assessed a provision in a protocol waiving future claims other than the annual increases. By holding that the provision examined did not prevent a later action to increase child maintenance and poverty maintenance, the Chamber reversed the dismissal decision of the regional court of appeal. [11]

In the same file, the connection between the action the father had filed to remove the protocol obligations on meeting the child’s expenses and the increase action was also given weight; it was stated that the actions should be heard together. Therefore it is not a single sentence of the protocol but its entire financial arrangement and the related actions that should be examined together.

This decision does not mean that every increase request will be accepted or that all the provisions in a protocol can be waived. Being able to file an action and the requested amount being found justified are different matters. The substantive conditions of the increase and the evidence must still be presented.

Are School Fees a Separate and Unlimited Obligation Apart from Maintenance?

In its decision of March 4, 2026 (E. 2025/10739, K. 2026/2494), the 2nd Civil Chamber of the Court of Cassation also examined a request to extend education expenses, which had been undertaken for a limited period, until the end of the education. The Chamber required that education expenses be assessed together with the scope of child maintenance, that the request be clarified and that a specific maintenance amount capable of enforcement be established. [12]

In practice, adding the school fee both to the maintenance calculation and claiming it separately within the same scope may create duplication. On the other hand, a school payment obligation expressly regulated in the existing decision cannot be unilaterally disregarded by citing this decision. The scope of the earlier judgment, accrued receivables and the request for an increase for the new period should be kept apart.

Can a Maintenance Increase Be Requested in Foreign Currency?

Whether the existing maintenance was set in TL or in foreign currency, the content of the decision and the applicable law matter. The debtor’s salary being in euros does not make TL maintenance automatically convert into euros. A foreign-currency request, a change of currency and an index increase must each be justified separately.

In the payment or enforcement calculation of an existing foreign-currency decision as well, the payment arrangement in the judgment as it stands, the applicable law and the requested exchange-rate date are examined. If an exchange-rate increase and an index increase are to be applied together, a clear legal basis and a check against double calculation are required. Comparing the child’s TL expenses with the debtor’s foreign-currency income should not amount to a one-day exchange-rate multiplication.

When requesting an increase for future years under Turkish law, the index, the calculation period and the first application date should be written clearly. A request for reassessment under Article 331 of the Civil Code where the child’s needs exceed the index increase is kept separate from the annual application of the existing judgment. [1]

How Is a Maintenance Increase Action Prepared?

Setting Out the Parties, the Claim and the Evidence Clearly

In child maintenance, the rights holder is the child. An action by the mother or father who actually looks after a minor child against the other is assessed under Article 329 of the Civil Code together with representation and the existing custody arrangement. The claim should not be based only on the parent’s own subsistence needs. [1]

The following documents should be brought together in preparing the action:

  • The existing maintenance decision, its operative part and, if there is one, the approved protocol.
  • A schedule showing the earlier amount, the annual increases applied and the actual payments.
  • Expense documents comparing the child’s current needs with the earlier period.
  • Information on the two parents’ income, assets and genuine care obligations.
  • The foreign address, the known employer and requests for reasoned document collection.
  • The requested new total monthly amount, the increase difference, the start date and a clear request for future years.

In Türkiye, maintenance actions are subject to the simplified procedure under Article 316 of the Code of Civil Procedure. The claim, the response and the evidence must therefore be submitted on time. For this independent child maintenance increase action there is no general mandatory mediation requirement as a condition precedent to litigation; a child’s right cannot be treated like an ordinary commercial receivable over which one can freely dispose. [2,17]

Notification Abroad and Power of Attorney

Notification to a defendant in a foreign country is made within the framework of the relevant international conventions and the Law on Notification. The addressee’s citizenship, address and country of location affect the route to be used. Sending the defendant a private message does not, by itself, replace proper notification of the petition. Defective notification can affect not only the right of defense but also the recognition of the decision abroad. [14,5]

A person living abroad can give his or her attorney a proper power of attorney for the action in Türkiye. The form of a document to be executed before a consulate or a foreign authority and the required certifications should be assessed according to the specific document. It cannot be said that every file requires continual presence in Türkiye; on the other hand, procedures of the court that require personal attendance are considered separately.

Can the Increase Request Be Raised While the Action Is Pending?

In the decision of March 4, 2026 (E. 2025/10739, K. 2026/2494), the majority of the Court of Cassation accepted that in an independent child maintenance increase action the claim may be raised by a proper amendment (ıslah). In the decision, the initial claim is taken into account for the period before the amendment and the increased claim for the period after the date of the amendment. It should not be concluded that the whole of the increased claim automatically runs from the date the action was first filed. [12]

The decision was issued by majority vote. The dissenting opinion rests on the approach that a maintenance increase request cannot be made the subject of a divisible partial action, and refers to a contrary decision of the General Assembly of Civil Chambers. The matter therefore cannot be presented as a single formula that is undisputed and applies in every case.

A legislative change after the decision is also important: Law No. 7589, which entered into force on July 31, 2026, repealed Article 107 of the Code of Civil Procedure and added to Article 109 a new provision on a one-time increase of the claim in a partial action. There is a transitional provision for actions on unspecified claims filed earlier. New Article 109/4 does not by itself settle the debate on whether a maintenance increase request is suited to a partial action. The date of the action, the nature of the claim, the conditions of amendment and the transitional arrangement should therefore be assessed together. [2,13]

Interim Protection, Court Fees and Litigation Costs

If the child needs protection during the proceedings, the interim measures under Article 332 of the Civil Code can be requested on specific grounds. In cases such as the debtor’s continually failing to meet his or her obligations, preparing to flee or spending his or her property wastefully, the security arrangement in Article 334 of the Civil Code is also considered. Requesting a measure does not mean it will necessarily be granted; the danger and the proportionality of the measure must be explained. [1]

In an increase action, the annual equivalent of the requested monthly increase matters in calculating court fees. Notification, translation, document collection and, where necessary, expert costs may arise separately. The fees and advance, the fee a person pays his or her own attorney by contract and the opposing party’s attorney fee award (vekâlet ücreti) ordered by the court are different items. [15]

Article 9/2 of the Minimum Attorney Fee Schedule (Avukatlık Asgari Ücret Tarifesi), in force on the research date, provides that no attorney fee can be awarded for the rejected portion in maintenance actions. This special rule does not mean that the action is exempt from all costs. The allocation of costs, different outcomes such as dismissal on procedural grounds and the contractual fee should be examined separately. [16]

A person with insufficient means can request legal aid under Article 334 et seq. of the Code of Civil Procedure. In child maintenance applications within the scope of the 2007 Convention there are also provisions on free legal assistance; however, the type of application, the age limit, the exceptions in the Convention and the countries’ declarations must be assessed. No general assurance can be given such as “no costs arise in an international maintenance file.” [2,5,6]

When Does the Increased Maintenance Apply, and How Is the Decision Challenged?

In an independent increase action under Turkish law, the new amount is, as a rule, determined from the date of the action. However, the content of the judgment, any later change to the claim and the applicable law affect the result. For the portion raised by amendment, the 2026 decision above shows why the start date needs separate assessment. [12]

An increase action does not automatically raise maintenance paid in earlier years to the new amount. On the other hand, if the annual increase in the old judgment was never applied, an accrued difference receivable may come into play. The old debt, the increase for the new period and the annual index difference should be calculated in separate schedules; no duplicate collection should be made for the same month.

The time limit for an appeal to the regional court of appeal (istinaf) is two weeks from proper notification for decisions open to a legal remedy. The two-week period also applies to regional court of appeal decisions open to an appeal to the Court of Cassation (temyiz). Not every maintenance decision is open to appeal to the Court of Cassation. Monetary thresholds, the value in dispute, the date of the action and the current Article 362/3 of the Code of Civil Procedure together with the transitional provisions should be checked together; the assessment should not be made by looking only at the year of the decision. [2,13]

In Türkiye, resorting to a legal remedy against a maintenance decision does not by itself stay enforcement; Article 350 of the Code of Civil Procedure contains a special restriction on postponing enforcement in maintenance decisions. Enforceability in a foreign country is assessed separately according to the applicable convention and local procedure. Filing an action to increase or reduce maintenance does not justify unilaterally leaving the existing payment obligation unperformed. [2,5]

How Is a New Maintenance Decision Enforced Abroad?

Obtaining an increase decision in Türkiye does not mean that a direct deduction instruction can be given to an employer in a foreign country. The applicability of the 2007 Hague Convention between the two countries, its dates of entry into force, scope and reservations should be checked. For Türkiye, the date of entry into force is February 1, 2017. A country’s name appearing in a general list does not show that all types of maintenance fall within the same scope. [5,6]

Under Article 10/1-e and f of the Convention, suitable applications for modification of a decision can be made, and recognition and enforcement of an increase decision already obtained can also be requested. The application is, as a rule, transmitted from the Central Authority of the Contracting State in which the applicant lives to the Central Authority of the other State. The Central Authority in Türkiye is the Directorate General for Foreign Relations and the European Union of the Ministry of Justice (Adalet Bakanlığı Dış İlişkiler ve Avrupa Birliği Genel Müdürlüğü); the explanations of the Ministry’s Maintenance Office (Nafaka Bürosu) and the current application documents should be followed. [5,9]

A copy of the decision, the document on enforceability, where necessary the documents on notification and the right of defense, a debt schedule and the index calculation are prepared. For documents within the scope of the Convention, under Article 41 no apostille or similar certification is required; this does not remove the obligation to submit the necessary translation and a suitable copy of the decision. In a file outside the Convention, the document rules are examined afresh. [5]

An enforcement review is not an increase proceeding that re-determines the amount of maintenance. Article 28 of the Convention prohibits re-examination of the merits. Making a foreign decision effective in Türkiye and changing its amount are therefore assessed separately. Where there is no suitable common convention, other international instruments and the domestic law of the country concerned come into play.

How long an application will take to conclude depends on the accuracy of the address, translation, collection of evidence, objections and the debtor’s reachable income. The notification periods between Central Authorities are not a guarantee that the action or collection will be completed. Once collection begins, the earlier and new decision periods also need to be matched correctly.

The ways of collecting maintenance from abroad are explained in detail in our article collecting child maintenance from abroad.

What Changes When the Child Turns 18?

In Turkish law, the obligation of care, as a rule, lasts until majority. If education continues, under Article 328/2 of the Civil Code the mother and father may have an obligation of support until the education is completed, to the extent that can be expected of them in light of the circumstances. However, it should not be assumed that child maintenance set for a minor child continues automatically with the same representation and the same judgment. The adult child’s own request and its legal basis are examined separately. [1]

The scope of the 2007 Convention in terms of age is also not the same thing as the duration of the right to maintenance under substantive law. Türkiye’s declaration extending the scope to persons under 25 in cases of continuing education is effective to the extent that it coincides with the declaration of the other Contracting State; it does not create an automatic right to maintenance up to age 25 in all files. [6]

Conclusion

In a maintenance increase against a parent living abroad, what is decisive is obtaining an applicable decision that meets the child’s current needs. For this, the existing judgment, earlier and current expenses, the financial means of the two parents, the competent country and the applicable law must be assessed together in the same file.

The first step is to place the decision and protocol side by side with an annotated payment and expense schedule. In this way, collection of the missing annual increase, the request for a new amount and the need for cross-border enforcement are separated. Besides framing the claim correctly, it is important for protecting the child’s right that the resulting decision can be enforced in the country where the debtor’s income is located. For the types of maintenance and the general framework, see also the maintenance law page.

Frequently Asked Questions

Can a maintenance increase action be filed in Türkiye against a father or mother living abroad?

It can, if the Turkish courts have international jurisdiction in the specific case. The defendant’s being abroad is not, by itself, an obstacle; the court in which the action will be filed, the notification and the country in which the decision will be enforced should be determined together. Related explanation

If the other party earns in euros, does maintenance rise automatically?

No. Net income, other sources of income, genuine obligations and the child’s needs are assessed together. A salary in foreign currency does not, by itself, give rise to a particular amount of maintenance or to a change of currency. Related explanation

Can a new action be filed for maintenance that is increased every year?

If the amount is insufficient because of changed circumstances despite the annual increase, a new increase can be requested. If the only issue is that the existing index provision is applied in part, it is first of all a calculation and collection problem. Related explanation

Is it mandatory to wait a year before a maintenance increase action?

There is no such fixed waiting period in Turkish law. The change that has arisen since the earlier decision and its proof are what matter; a repetition of the same facts may not be sufficient for an increase. Related explanation

If the protocol says maintenance will not be requested again, can no action be filed?

This statement should not be regarded as a definitive bar by itself. The Court of Cassation decision of April 15, 2026 did not treat the waiver of future claims that it examined as an obstacle to an increase action. The protocol as a whole and the conditions of the increase are assessed separately. Related explanation

What can I do if I cannot obtain income documents from abroad?

By making the known employer, company, address and sources of income specific, appropriate inquiries can be requested from the court. Assistance from a Central Authority under an applicable international convention may also be considered; the result and the data that can be reached vary by country. Related explanation

Is the whole increased amount paid from the date of the action?

This result cannot be assumed in every case. The start of the initial claim and the start of the portion later raised by amendment may differ. The judgment, procedural steps and the applicable law should be read together. Related explanation

Is an increase decision obtained in Türkiye applied directly in a foreign country?

Generally, recognition and enforcement procedures are required under the relevant convention or foreign law. Having obtained a Turkish decision does not, by itself, oblige a foreign employer to make deductions from the salary. Related explanation

Does payment of the old maintenance stop once an increase action is filed?

No. Filing an action does not automatically remove the existing obligation. Payment and set-off are calculated taking into account the valid decision and any measures later ordered. Related explanation

My child has passed 18 and is studying; can I file the same increase action?

Reaching adulthood changes the basis of the claim and the representation. Although support may be requested because of education, it should not be assumed that child maintenance given for a minor child continues unchanged; the adult child’s own legal situation should be examined. Related explanation

Sources and legal bases

  1. Republic of Türkiye, Law No. 4721, Turkish Civil Code, in particular Articles 177, 182, 327–334. Current text.
  2. Republic of Türkiye, Law No. 6100, Code of Civil Procedure, in particular Articles 6, 107, 109, 166, 176–177, 316–318, 334, 345, 350, 361–362 and Additional Article 1. Current text.
  3. Republic of Türkiye, Law No. 5718 on Private International and Procedural Law, in particular Articles 1–2, 19, 40 and 50–59. Current text.
  4. Republic of Türkiye, Law No. 4787 on the Establishment, Duties and Trial Procedures of Family Courts, Articles 2 and 4. Current text.
  5. HCCH, Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance, in particular Articles 2, 6–10, 14–18, 20, 22, 25, 28, 41 and 44. Convention.
  6. HCCH, Status table of the 2007 Maintenance Convention and Türkiye’s declarations/reservations, checked: October 11, 2026. Status table · Türkiye’s declarations.
  7. HCCH, Convention of 2 October 1973 on the Law Applicable to Maintenance Obligations, in particular Articles 3–6 and 15. Convention · Ministry of Justice Turkish text · Türkiye’s reservation.
  8. HCCH, 2007 Protocol on the Law Applicable to Maintenance Obligations, status table, checked: October 11, 2026. Status table.
  9. Ministry of Justice, Directorate General for Foreign Relations and the European Union (Adalet Bakanlığı Dış İlişkiler ve Avrupa Birliği Genel Müdürlüğü), Maintenance Office (Nafaka Bürosu). Application information.
  10. Court of Cassation, 3rd Civil Chamber, February 18, 2016, E. 2015/16775, K. 2016/2159; investigation of foreign commercial activity, income and school expenses. UYAP decision text.
  11. Court of Cassation, 2nd Civil Chamber, April 15, 2026, E. 2026/2058, K. 2026/4169; waiver of future claims in a protocol and related actions. UYAP decision text.
  12. Court of Cassation, 2nd Civil Chamber, March 4, 2026, E. 2025/10739, K. 2026/2494; amendment (ıslah), start date and education expenses; majority reasoning and dissenting opinion. UYAP decision text.
  13. Grand National Assembly of Türkiye, Law No. 7589 Amending Certain Laws for the Effective and Efficient Functioning of the Judiciary, adopted: July 16, 2026; Official Gazette: July 31, 2026, No. 33326; in particular Articles 19–20, 25–26 and Transitional Article 1. Text of the law.
  14. Republic of Türkiye, Law No. 7201 on Notification, in particular Articles 25 and 25/a. Current text.
  15. Republic of Türkiye, Law No. 492 on Fees and Tariff No. (1); annual value in maintenance actions. Current text.
  16. Union of Turkish Bar Associations (TBB), 2025–2026 Minimum Attorney Fee Schedule (Avukatlık Asgari Ücret Tarifesi), Official Gazette: November 4, 2025; Article 9. Current TBB schedule text.
  17. Republic of Türkiye, Law No. 6325 on Mediation in Civil Disputes, Articles 1 and 18/B. Current text.
  18. Mesut Aygün and Gözde Çağlayan Aygün, “The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance” (“Çocuk Nafakası ve Diğer Aile Nafaka Türlerinin Uluslararası Tahsiline İlişkin La Haye Sözleşmesi”), Journal of the Faculty of Law of Inonu University (İnönü Üniversitesi Hukuk Fakültesi Dergisi), 2018, 9(2), pp. 71–102, in particular pp. 82–83; DOI: 10.21492/inuhfd.424598. Article.

AUTHOR

Av. Umut Güneş

Güneş & Güneş Law Firm

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GÜNEŞ & GÜNEŞ LAW FIRM

Contact and Consultation

Our Antalya-based law firm, in practice since 1999, offers communication in Turkish, English, German and Russian on legal matters connected to Türkiye.

Whether you are in Türkiye or abroad, you can reach us by phone, WhatsApp, e-mail, in person or by video conference.

Consultation process and information needed

To assess your legal situation, review the legal aspects of a planned transaction or identify the available remedies, you can share a short summary of the matter, your request and your preferred language.

It helps to mention any file or transaction details, decisions, notifications or notices with deadlines, and important dates you know of. The scope of services, required documents and fees are assessed separately.

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