Best Child Support Lawyers in Gaziantep

About Child Support Law in Gaziantep, Turkey

Child support ("nafaka" in Turkish) refers to the financial obligation a parent has to support their child or children after a separation, divorce, or when the parents are not living together. In Gaziantep, as in the rest of Turkey, child support laws are designed to ensure that children's needs are met regardless of their parents' relationship status. Turkish Civil Law governs issues of child support, and these are enforced by the local family courts (Aile Mahkemeleri) in Gaziantep. The primary consideration in determining child support is the best interests of the child, including their physical, educational, and moral development.

Why You May Need a Lawyer

Seeking legal assistance for child support matters in Gaziantep is common due to the complexities involved. Here are some frequent scenarios where a lawyer's help is beneficial:

• Determining or negotiating the appropriate amount of child support
• Filing or defending a claim for child support in family court
• Modifying existing support orders due to changing financial circumstances
• Enforcing child support payments when the paying party is not compliant
• Addressing cross-border child support issues involving foreign nationals
• Understanding your rights and responsibilities under Turkish law

A lawyer can guide you through the legal process, help prepare necessary documents, represent you in court, and ensure your and your child’s rights are protected.

Local Laws Overview

In Gaziantep, child support is regulated by the Turkish Civil Code ("Türk Medeni Kanunu"). Here are key aspects relevant for local residents:

• Legal Obligation: Both parents are legally obliged to support their children until they reach adulthood (usually 18) or complete their education.
• Filing for Support: The parent with custody or the legal guardian can file for child support through Gaziantep family courts.
• Calculation: The court considers the child’s expenses, the financial means of both parents, and the standard of living the child is accustomed to.
• Types of Support: Temporary support may be granted during divorce proceedings, and permanent support is set after the case concludes.
• Adjustments: A support order can be increased, decreased, or terminated if there are significant changes in circumstances.
• Enforcement: If a parent fails to pay, enforcement actions including wage garnishments and even criminal complaints can be pursued.
• Extension Beyond 18: Support may continue if the child pursues higher education and cannot provide for themselves.

Each case is unique, and family courts in Gaziantep have the discretion to consider the specifics of each family's situation.

Frequently Asked Questions

What is child support and who is eligible for it?

Child support is a financial payment made by a parent to support the living expenses, education, and upbringing of their child. The custodial parent or a legal guardian may claim child support on behalf of the child.

How is the amount of child support determined?

The family court evaluates the child’s needs, both parents’ incomes and living conditions, and the standard of living to which the child is accustomed. There is no fixed formula; each case is assessed individually.

How do I apply for child support in Gaziantep?

You can file an application through the local family court (Aile Mahkemesi) in Gaziantep by submitting a petition detailing your case and the child’s needs.

Can child support be modified after the court's decision?

Yes. If there are significant changes in financial circumstances or the needs of the child, either parent can request the court to increase, decrease, or terminate the support order.

What happens if the parent ordered to pay does not comply?

If payments are not made, you can apply to the enforcement office ("İcra Müdürlüğü") for collection. In persistent cases, criminal proceedings may be initiated against the non-paying parent.

Until what age is a parent required to pay child support?

Generally, until the child turns 18, but if the child continues education and cannot support themselves, payments may continue until the education ends.

Do child support laws differ for boys and girls?

No, child support laws apply equally to all children regardless of gender.

Can both parents be required to pay child support?

Typically, the non-custodial parent pays support to the custodial parent, but if custody is shared or circumstances warrant, the court can make specific orders for both parents.

Are foreign citizens or non-residents also subject to Turkish child support laws?

Yes. If the child resides in Turkey, Turkish law generally applies, though international agreements and bilateral treaties may also be relevant in cross-border cases.

Is legal aid available for child support cases in Gaziantep?

Yes. Persons with limited financial means may apply for free legal aid ("adli yardım") through the Gaziantep Bar Association (Gaziantep Barosu).

Additional Resources

If you need more information or support, consider contacting the following resources in Gaziantep:

• Gaziantep Family Court (Aile Mahkemesi): Handles all child support applications and disputes.
• Gaziantep Bar Association (Gaziantep Barosu): Provides lawyer referrals and legal aid services.
• Ministry of Family and Social Services (Aile ve Sosyal Hizmetler Bakanlığı): Offers support and counseling for families and children.
• Legal Aid Centers (Adli Yardım Merkezleri): Help with free legal consultation for eligible applicants.
• Social Services Centers (Sosyal Hizmet Merkezleri): Provide social and psychological support, especially in cases involving children.

Next Steps

If you believe you have a child support issue in Gaziantep, consider taking the following steps:

1. Gather all relevant documents, including income statements, child expenses, and any correspondence with the other parent.
2. Consult a lawyer specializing in family law to understand your rights, obligations, and legal options.
3. If you cannot afford a lawyer, apply for legal aid through the Gaziantep Bar Association or consult local legal aid centers.
4. Prepare and file your application for child support at the nearest family court.
5. Attend court hearings and comply with all legal instructions.
6. If enforcement is necessary, approach the enforcement office for assistance in collecting unpaid support.

Remember, every child has the right to financial support from their parents. Seeking timely legal advice ensures those rights are protected and upheld in accordance with Turkish law.