27 Apr What Is Child Support
We know that being a parent brings with it some rights. But it also obliges parents to do much more than the rights it brings.
The most important of these obligations and one of the most problematic issues in practice is the care obligation of the parents.
328 Of The Turkish Civil Code. the article describes the parent’s obligation of care and how long it will continue as follows::
“The parent’s debt of care continues until the child becomes an adult.
If the child continues his education even though he is an adult, the parents are obliged to take care of the child until the end of his education, to the extent that can be expected of them according to the circumstances and circumstances.”
In the first paragraph of the law, it is accepted that the duty of care of parents shall last until the child becomes a minor. 11 Of The Civil Code. according to the article, adulthood begins with the filling of the age of 18.
It has been accepted that the age of 18 may be considered as an adult in some cases, except when it is completed. The minor, who reaches the age of fifteen, may be made an adult by the court at his own request and with the consent of his guardian.
Marriage like this makes a person grow old:
“Marriage makes a person of age. (MK.md.11) since the plaintiff claims to have been forcibly married and wants the marriage annulled, it is not true that the plaintiff should accept that he has an active animosity capacity and that the evidence should be evaluated in this framework and decided according to the result, but that the plaintiff does not have the authority to file a lawsuit.”Supreme Court 2. Legal Department basis number: 1998/13557 decision number: 1998/830 decision date: 10.02.1999
The burden of caring for parents ends with the person being an adult. There is no need to file a separate lawsuit for the abolition of child support:
“148 Of The Civil Code. the creditor of the alimony which is approved and appointed in accordance with the article shall be the parent or father to whom the custody is deposited. (Y.2.H.D.nin 29.1.1993 dated 13267-582 PP.the obligation to pay custody and associate alimony ends automatically when the child is a minor. (MK.11, 262 and Y.2.H.D.Resolution No. 7799-7122 dated 17.9.1985) of the Civil Code 161 and subsequent articles of the Civil Code and the ongoing measures are not 148. Article 164 of the Civil Code for the abolition of child support. there is no need to file a ref suit under the clause and there is no legal benefit.”Supreme Court 2. Legal Department basis number: 2000/13611 decision number: 2000/14089 decision date: 13.11.2000
But 328. Article 2. an exception has been set by the clause. In accordance with this exception, even if the child is considered an adult, it is accepted that the parent’s duty of care will continue if his education continues.
My burden of care continues for the duration of the child’s education, but this is also unrestricted, not admissible.
“The parent’s debt of care, as a rule, continues until the child becomes an adult. If the child is an adult and his / her education continues, the parents are obliged to take care of the child until the end of his / her education, to the extent that can be expected of them according to the circumstances (TMK. m. 328). However, the obligation in this case is in question if there is a case filed by the adult child himself.”Supreme Court 2.Legal Department basis number: 2013/10251 decision number: 2013/23928 decision date: 22.10.2013
The purpose of this article is to ensure that the education that started before becoming an adult can continue without interruption because the child reaches the age of 18.
“Brought by Civil Law No. 721 328/11. in accordance with the provisions of the clause, the parent’s duty of care does not rise and continues If the child continues his education even though he is an adult. ( 328/1 ). Your child’S MK. 364. he does not need to file a separate lawsuit under the clause. In this case, since the obligation of the plaintiff father to care for the defendant, who has no assets or income, continues until the end of his education, it was not considered right for the court to rule in writing when the case should be dismissed.”Supreme Court 3. Legal Department basis number: 2010/22576 decision number: 2011/1865 decision date: 15.02.2011
The aim is for the child to have a profession and to be able to support himself / herself through this profession.:
“If a minor who continues his education is deprived of his own labor and income, he may ask his parents for alimony until he has completed his education. However, it is essential that the people who are obliged to give it should not be reduced to the hardship of livelihood. “Supreme Court 3.Legal Department basis number: 2013/157 decision number: 2013/1813 decision date: 07.02.2013
The parents should look within the limits of the measure that can be expected of them according to the circumstances and circumstances.:
“Aid alimony is a kind of social assistance to rescue family members from poverty and poverty and is a duty mandated by moral rules and traditions. In the concrete case, although the plaintiff continues his education at the open education faculty, he also works at a minimum wage level and the defendant receives a pension. In this case, the plaintiff’s TMK.nun 328/2. it is not possible to take advantage of the substance.”Supreme Court 3. Legal Department basis number: 2012/17987 decision number: 2012/22454 decision date: 01.11.2012
In order to win the university exams in our country, it has been accepted by the Supreme Court that courses must be taken and various additional courses must be taken. In this respect, the child who is prepared for the university has the right to receive alimony from his parents.
“The claimant is underage and the joint children are prepared for the university as of the date of the lawsuit 1800 TL. she has earned the Department of Public Administration at Dumlupınar University, Faculty of Economics and Administrative Sciences, where she has a course fee, and her needs are met by her mother, who she stays with.”
In the concrete case, the absence of any job of the defendant father, the absence of income and property does not relieve the defendant of his obligation to alimony, as he must be accepted to have income at least at the minimum wage level; this situation (the absence of income and property of the father) is only effective in the appreciation of the amount of alimony and does not The defendant must pay a fair amount of alimony.”Supreme Court 3. Legal Department basis number: 2010/3576 decision number: 2010/4699 decision date: 22.03.2010
It is accepted that parents should pay alimony if the child is enrolled in the open education faculty, which does not require attendance.
When determining the duration of education, the child’s occupation is taken into consideration. While some educational institutions grant graduation the right to do a profession directly, others may require further training such as internship after graduation. When determining the parent’s child support obligation, it is considered whether the child has a profession due to the school he graduated from.
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