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About Child Support Law in Tekirdağ, Turkey

Child support, known as “nafaka” in Turkish law, is a legal and financial responsibility that ensures children’s welfare after their parents’ divorce or separation. In Tekirdağ, as in the rest of Turkey, child support is governed primarily by the Turkish Civil Code (Türk Medeni Kanunu). The courts aim to secure the child’s best interests, ensuring both parents contribute financially to their upbringing, regardless of who maintains custody. The parent who does not have custody is typically required to pay regular child support to the custodial parent until the child reaches legal adulthood or completes their education.

Why You May Need a Lawyer

Several circumstances can make hiring a lawyer crucial when dealing with child support matters:

  • You are separating or divorcing and need to establish initial child support terms.
  • There are disputes over the amount, duration, or payment of child support.
  • You wish to request a modification due to changing financial circumstances (loss of job, change in income, etc.).
  • There are difficulties in collecting overdue child support payments.
  • The other parent lives in a different city or abroad, creating complications in enforcement.
  • You have concerns about the fair calculation of child support based on the parents' income and child’s needs.
  • There are complex situations, such as additional claims or objections regarding expenses (education, health, etc.).

A lawyer with experience in family law can advocate on your behalf, ensure your rights are protected, and help guide you through the legal process efficiently.

Local Laws Overview

Tekirdağ applies Turkish national law for child support cases, but the local courts (Aile Mahkemeleri - Family Courts) manage the actual proceedings. Some key legal aspects include:

  • Determination of Amount: The court evaluates both parents' financial capacities, the child's needs, and living standards to set an appropriate payment (nafaka miktarı).
  • Duration of Support: Payments are generally required until the child turns 18 but can extend if the child continues higher education or has special needs.
  • Modification of Support: Either parent may request a change if substantial changes occur in financial status or the child’s requirements.
  • Enforcement: Court decisions on child support are binding. If the responsible parent fails to pay, the custodial parent can apply to the execution office (İcra Müdürlüğü) for enforcement.
  • Temporary Support: During divorce proceedings, interim measures (tedbir nafakası) can be set to provide prompt financial support for the child.

Tekirdağ Family Courts handle all child support claims, and their decisions can be appealed following Turkish procedural law.

Frequently Asked Questions

What is child support (nafaka) in Turkey?

Child support is a regular financial payment that a non-custodial parent provides for the expenses and needs of their child following divorce or separation.

How is child support calculated in Tekirdağ?

Courts consider the income of both parents, the child’s age, health, needs, education costs, and the family’s overall living standard when calculating an appropriate amount.

How long does child support last?

Typically until the child turns 18. If the child is still in education or has specific needs, support may continue until the circumstances change.

Can I request to change the child support amount?

Yes, either parent can ask the court to increase or decrease the payment due to changes in income, expenses, or the child’s needs.

What happens if the parent doesn’t pay child support?

You can file for enforcement through the local Execution Office (İcra Müdürlüğü). Persistent refusal can lead to legal action, including potential penalties.

Does child support cover extra costs such as healthcare or education?

Basic support covers essential needs, but courts can order additional payments for specific expenses like health or education, based on circumstances.

Can I claim retroactive child support in Tekirdağ?

Usually, child support starts from the date of filing the lawsuit. Retroactive claims prior to this date are not generally granted, but exceptions may apply if there was unjust delay.

Is legal aid available for child support cases?

Yes, if you cannot afford a lawyer, you may apply for legal aid (adli yardım) at the Tekirdağ Bar Association, which may assign you a lawyer for free or at a reduced cost.

Do I have to go to court for child support?

While parents can agree informally, for enforceable and secure arrangements, court approval through the Family Court is strongly recommended.

What if the paying parent lives abroad?

International cases can be complex, but Turkish Family Courts still have jurisdiction if the child is resident in Turkey. Enforcement may require cooperation with foreign authorities.

Additional Resources

If you need further information or legal help, you can turn to these resources in Tekirdağ:

  • Tekirdağ Bar Association (Tekirdağ Barosu): Provides legal advice and can help you find professional lawyers specializing in family and child support law.
  • Tekirdağ Courthouse Family Court (Tekirdağ Adliyesi Aile Mahkemesi): Handles all family law cases, including child support.
  • Legal Aid Offices (Adli Yardım Bürosu): Offers legal support for those in financial need.
  • Social Services (Aile ve Sosyal Hizmetler İl Müdürlüğü): Provides guidance for families and can assist in issues related to children’s welfare and protection.
  • Execution Office (İcra Müdürlüğü): Responsible for the enforcement of court-ordered child support payments.

Next Steps

If you require legal assistance with a child support issue in Tekirdağ, consider the following steps:

  • Gather all relevant documents, such as identification, income records, previous court orders, and child-related expenses.
  • Contact the Tekirdağ Bar Association or a family law attorney to discuss your case and understand your options.
  • If unable to afford private representation, apply for legal aid at the Bar Association’s Legal Aid Office.
  • If an agreement exists between parents, prepare documentation for court approval to ensure it is legally binding and enforceable.
  • If seeking to enforce or modify an existing child support order, file an application at the Family Court or Execution Office as needed.
  • Stay informed about your rights and obligations regarding child support to safeguard your child’s welfare and your legal position.

Remember, timely and informed action is important. Do not hesitate to seek professional legal advice to ensure the best outcome for your child and your family situation in Tekirdağ.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.