This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Yardım Nafakası: Anne-Baba ve Kardeşe Bakma Yükümlülüğü.
Family support maintenance is the duty of support between relatives other than spouses and minor children (Article 364 of the Civil Code). It is limited to descendants, ascendants and siblings; uncles, aunts, nephews and nieces fall outside it. The claimant must be someone who will fall into need without support, and in the case of siblings the person liable must be in comfortable circumstances.
Maintenance is usually associated with divorce. But the Civil Code also provides for a duty of support between family members that has nothing to do with divorce.
Between Whom Is It Claimed?
Article 364: everyone is bound to provide maintenance to their ascendants, descendants and siblings who would otherwise fall into need.
The liability of siblings is conditional on their being in comfortable circumstances — a stricter condition than for other relatives.
The provisions on the duties of support of a spouse and of parents are reserved.
The order of liability: under Article 365 the claim is brought following the order of succession — that is, against the closest degree first.
The sequence in practice: children (descendants) → parents (ascendants) → grandparents → siblings.
This is an important procedural rule: a claim brought against a remoter degree while a closer one exists is dismissed.
The Conditions
Two conditions must be met together:
1. The claimant would fall into need. They must be unable to meet their essential needs from their own income and assets.
In assessing need the court considers: income, health costs, housing, capacity to work, and any social assistance received.
2. The person liable must have the means. Article 365/2: the claim is for support necessary for the claimant's subsistence and proportionate to the other party's means.
No order is made that would endanger the subsistence of the person liable or of those they support.
Article 365/3: on request, the judge may determine what amounts a periodic maintenance payment is to be in future years according to the parties' social and economic circumstances — which allows for automatic annual increases without a fresh claim.
| Type | For whom | Basis |
|---|---|---|
| Interim maintenance | The spouse and children while proceedings run | Civil Code Art. 169 |
| Child maintenance | The child, paid by the parent without custody | Art. 182 |
| Maintenance for a spouse in need | The former spouse after divorce | Art. 175 |
| Family support maintenance | Ascendants, descendants and siblings | Art. 364 |
Family support maintenance is independent of divorce and can be claimed between relatives at any time.
Adult Children and Education
One question arises constantly: does maintenance for a child stop at eighteen?
Child maintenance ends when the child reaches majority. But a child who has reached majority and is continuing in education may claim family support maintenance under Article 364 — a separate claim, brought in their own name.
What matters here is that the education is genuinely continuing and that the parent has the means. A child who has completed their education and is able to work cannot rely on this route.
Procedure
- Court: the family court. The claim follows the simplified procedure, which makes it comparatively quick.
- Venue: the court of the claimant's or the defendant's place of residence.
- Interim maintenance: the court may order maintenance to be paid while the case runs, so ask for it in the claim.
- Evidence: income and asset records for both sides — the social security record, land and vehicle registry entries, bank movements, health reports and rent payments.
- Effective date: maintenance runs as a rule from the date of the claim, not from when the need arose.
An order is enforced like any other: through the enforcement office, and persistent non-payment of a maintenance order carries coercive detention.
Family support maintenance follows the order of succession: children first, then parents, then grandparents, then siblings. A claim brought against a sibling while a child with means exists is dismissed — so establish the order before bringing it, and ask for interim maintenance in the same document.
Frequently Asked Questions
Who can claim family support maintenance?
Ascendants, descendants and siblings who would otherwise fall into need. Uncles, aunts, nephews and nieces are outside the scope, and a sibling's liability requires them to be in comfortable circumstances.
In what order is it claimed?
Following the order of succession: children first, then parents, then grandparents, then siblings. A claim against a remoter degree while a closer one exists is dismissed.
Does child maintenance stop at eighteen?
Child maintenance ends at majority, but a child continuing in education may claim family support maintenance under Article 364 in their own name.
From when is it payable?
As a rule from the date of the claim, not from when the need arose — so delay costs the claimant.
What if the maintenance is not paid?
It is enforced through the enforcement office like any judgment, and persistent non-payment of a maintenance order carries coercive detention.