SUPPORT OF PARENTS TO THEIR CHILDREN

1- GENERAL RULE

According to the decisions of the Court of Cassation, the support of parents to their children, as a rule, lasts until the age of boys until the age of 18, girls living in cities until the age of 22, and girls living in villages until the age of 18. The age rule of 20 years for men of secondary education and 25 years without distinction between girls and boys in higher education is applied with the support of parents.

2- CHILDREN WITH ADVANCED DISABILITIES AND BRAIN DISABILITIES

Maternal and paternal support for children with advanced disabilities and brain disabilities lasts until the end of their lives. The reason for this is that children with this condition do not have the opportunity to continue their own lives without support. The period of life in this respect is the moment and the life of the father. They have to support children in this situation until they die. If both parents die, or if they themselves become in need of care, the support of these children will be their siblings or relatives.

3- UNMARRIED GIRLS

The general rule for girls is that they can receive support until the age of 22. However, for girls who have reached the age of 22 and live with their parents without any income, it is accepted that they can receive support until they get married by the decisions of the Supreme Court.

In the case of compensation for deprivation of support, if it is determined that the girl is not married and lives in the same house as her parents, she has the right to compensation. However, the possibility of future marriage will also be taken into account in this calculation.

4- ADOPTION

If the child is adopted, there will be no difference from their own children in terms of the children the spouses have adopted together, and they will be supported. In the case of adoption by one of the spouses, even if the other spouse does not actually have a legal responsibility, it is not possible for them to actually avoid this support as long as the spouses live together. He will be no different from his own children.

5- STEPCHILDREN

a) First of all, if it is necessary to define a stepchild, it is the child or children of one of the spouses from a previous marriage. The support for these children is that if they actually live together, as in adoptions, there will be support from parents. It should not be considered as supported inheritance. They are different concepts. For this reason, the stepchild who lives with the parents will be entitled to compensation for deprivation of support in the event of their death due to an unlawful act.

b) When considering support, the status of the concrete event is always important. For example, if the child’s own parents are alive and he is being cared for by the step-parents, he will continue to be supported.

6- WIDOWED WOMEN WHO HAVE TAKEN REFUGE IN THEIR FATHER’S HOUSE

a) Widowed women who take refuge in the father’s house due to the death of their husband or divorce do not inherit from the death of their husband or cannot receive monthly alimony because the necessary conditions have not occurred, women who cannot receive alimony from their spouse and have no earnings continue to live in the father’s house where they take refuge with the support of their parents. These women help their parents at home and see their support. In this case, there is also the support of parents.

b) When calculating the compensation of women in this situation for deprivation of support, the remaining life span of the parents and the state of remarriage will be taken into account.

7- DISCRETE SITUATIONS IN WHICH ADULTS AND MARRIED CHILDREN MAY REQUEST SUPPORT COMPENSATION

a) One of the conditions for claiming compensation for deprivation of support is that the person has been proven to have provided support while alive or it is understood that he will provide support in the future. For this reason, regardless of the age of the children who meet the conditions, whether they are married or unmarried, or their income status, the deceased may claim compensation for deprivation of support if it has been proven that the deceased provided support while alive. The opinion that this cannot be requested will be in the interest of the person who caused the damage due to his unlawful action, while it causes the loss of the rights of the person who does not have a defect. This will also not be in accordance with fairness.

b) Support for adult and married children should not be considered only from a financial point of view. Support through the service may also be possible. For example, if both spouses work, there is support from the mother, who takes care of their children or helps with household chores. A child deprived of this support has the right to claim compensation for deprivation of support.

c) Another issue for which compensation for deprivation of support can be claimed is the children who have been deprived of the experience and knowledge of deceased support. Although a father who transfers a company to his child due to old age does not actively work, we can say that if he gives advice to the company with his experience and makes a profit as a result, there is a lack of support situation.

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