Best Child Support Lawyers in Kocasinan

About Child Support Law in Kocasinan, Turkey

Child support, known as "nafaka" in Turkish law, is a legal mechanism designed to ensure the financial wellbeing of children after the separation or divorce of their parents. In Kocasinan, as is the case throughout Turkey, both parents are legally obliged to support their children and provide for their daily needs, education, healthcare, housing, and general welfare. The district of Kocasinan, located in the province of Kayseri, follows national Turkish law on this matter, but local courts (Aile Mahkemesi, or Family Court) handle the cases and may provide region-specific guidance or interpretation.

Why You May Need a Lawyer

There are several scenarios where seeking legal advice or hiring a lawyer can be helpful in child support matters:

• Determining the rightful amount of child support based on income, child needs, and living standards.
• Enforcing child support payments when one parent fails to meet obligations.
• Requesting an increase or decrease in the child support amount due to changes in circumstances, such as loss of employment or changing needs of the child.
• Handling disputes related to the calculation or duration of child support.
• Representing your interests in court proceedings.
• Ensuring international enforcement if the non-custodial parent lives outside of Turkey.
• Understanding your rights and obligations under Turkish law, especially if you are not familiar with the legal system in Turkey.

Local Laws Overview

In Kocasinan, as part of Turkey, child support is governed by the Turkish Civil Code. Some key aspects include:

• Child support may be requested during or after a divorce/separation, or if the parents were never married.
• The parent who does not have custody is usually required to pay monthly support to the custodial parent.
• The amount of child support is calculated based on the child’s needs, the lifestyle to which the child is accustomed, and the paying parent’s financial situation.
• Support is generally paid until the child is 18 years old, or longer if the child is pursuing higher education or is unable to support themselves due to disability.
• Failure to pay child support can result in legal enforcement, including wage garnishment or, in persistent cases, criminal prosecution.
• Application for child support is made at the local Family Court (Aile Mahkemesi) in Kocasinan or the relevant jurisdiction.
• Either parent can request a review and adjustment in the amount of child support if circumstances change.

Frequently Asked Questions

What is child support (nafaka) in Turkey?

Child support is a payment ordered by the court for the upkeep of a child, typically paid by the non-custodial parent to the custodial parent to cover the child’s basic needs and living expenses.

Who can apply for child support in Kocasinan?

A parent or legal guardian who has custody of the child can apply for child support through the Family Court. In some cases, older children may apply on their own behalf.

How is the amount of child support determined?

The court considers the child’s needs, the paying parent’s income and financial status, and the standard of living the child would have enjoyed if the parents were together.

Until what age is child support paid?

Child support is usually paid until the child turns 18. If the child is still in education or unable to support themselves due to illness or disability, support may continue.

Can the amount of child support be changed?

Yes. Either parent can request the court to increase or decrease the amount if there is a significant change in circumstances, such as a change in employment, income, or the needs of the child.

What happens if the parent refuses to pay child support?

The custodial parent can apply to the court for enforcement. Penalties for non-payment include wage garnishment, seizure of assets, or, in some cases, imprisonment for persistent non-compliance.

Is child support tax deductible or considered taxable income in Turkey?

No, child support is neither tax deductible for the paying parent nor considered taxable income for the receiving parent under Turkish law.

Can a parent living abroad be made to pay child support?

Yes. Through international conventions and agreements, courts can pursue child support claims against parents residing abroad, and local authorities can assist with enforcement in some cases.

What documents are needed to apply for child support?

You generally need the child’s birth certificate, proof of custody, identification documents, evidence of financial status (income, expenses), and any documentation showing the child’s needs.

Do I need a lawyer to file for child support in Kocasinan?

While it is possible to file a child support application without a lawyer, legal support is highly recommended to help you understand your rights, fill out documents correctly, and represent your case effectively in court.

Additional Resources

If you need further assistance, consider the following resources:

• Kocasinan Family Court (Kocasinan Aile Mahkemesi): The official court where child support cases are filed and decided.
• Kayseri Bar Association (Kayseri Barosu): Professional body offering information and, sometimes, free or low-cost legal aid.
• Social Services (Sosyal Hizmetler): Governmental agency that provides support and guidance to families and children in need.
• Ministry of Family and Social Services (Aile ve Sosyal Hizmetler Bakanlığı): The national body responsible for family law and child protection matters.

Next Steps

If you believe you are entitled to child support or need to respond to a claim:

• Gather all necessary documents, including proof of custody, income statements, and records of expenses related to the child.
• Consult with a lawyer specialized in family law in Kocasinan. The Kayseri Bar Association can provide referrals.
• File a formal application at the Kocasinan Family Court if you have not already done so.
• If you cannot afford a lawyer, ask about free or reduced-fee legal assistance at the local bar association or municipal Social Services office.
• Prepare to attend court hearings, where a judge will review your case and determine the proper amount of support.
• Follow all court instructions promptly, and keep records of payments and communications.
• If the situation changes (income, custody arrangements, child’s needs), request a reassessment through the court.