How to File a Maintenance (Nafaka) Increase Case in Turkey: Conditions, Evidence and How Judges Decide

1. What is a maintenance increase case?

Maintenance (nafaka) is money one person pays regularly towards another's living costs. A maintenance increase case asks the court to raise monthly maintenance previously fixed by a judgment (or, in an uncontested divorce, by a protocol approved by the judge).

The law does not freeze maintenance forever. For post-divorce maintenance, Civil Code art. 176(4) allows an increase or reduction where the parties' financial situation changes or fairness requires it. For child maintenance, if circumstances change, the judge re-sets the amount on request (art. 331 [1]).

2. Which types of maintenance can be increased?

If the divorce case is still pending: maintenance paid during the case (in practice called interim maintenance, tedbir nafakası) is one of the temporary measures the judge takes for the duration of the case (art. 169 [1]). Requests about interim maintenance therefore belong to the pending divorce case and are outside the scope of this article.

This article focuses on the two most common types: post-divorce child and spousal maintenance.

3. What conditions must be met?

The statutory rule

• Spousal maintenance: a change in the parties' financial situation or fairness (art. 176(4)). Where the law gives discretion, the judge decides "according to law and fairness" (art. 4 [1]).
• Child maintenance: a change in circumstances (art. 331). The amount reflects the child's needs, the parents' living conditions and ability to pay, and any income of the child (art. 330 [1]).

Changes commonly relied on in practice

The law does not list what counts as a change. The most common arguments are:

• Inflation reducing the real value of the maintenance
• The child growing older, with higher school, course and health costs
• A significant rise in the payer's income (promotion, new job, inheritance, rental income)
• An increase in the recipient's needs or a fall in their income

4. How does the judge set the new amount?

There is no statutory formula or fixed rate; the amount is at the judge's discretion. Key factors:

1. Time elapsed between the date the maintenance was set (or last increased) and the date of the increase case.
2. Economic indicators showing the change in the value of money. In practice, the price indices published by TÜİK (PPI/ÜFE or CPI/TÜFE) may be looked at; practice on which index is used is not uniform.
3. The parties' social and economic situation: income, property, debts, dependants, standard of living.
4. The recipient's needs, especially the child's age and education.
5. Fairness: weighing all of the above to reach a result that is fair to both sides.

If the judgment already provides for annual increases

On request, the judge may decide in advance how much maintenance will be paid in future years according to the parties' social and economic situation (art. 176(5) [1]; for child maintenance arts. 182 and 330). If the judgment or approved protocol says, for example, "increased each year by the CPI/PPI rate", no new case is needed for that increase.

The wording of the law does not prevent a separate increase case where a significant change occurs that the annual increase does not cover (arts. 176(4), 331). How a final indexation clause is taken into account is assessed case by case.

5. How do you file?

Which court?

• Court: the family court; where none exists, the civil court of first instance acting as family court. Family courts hear cases arising from the family law book of the Civil Code, except its part on guardianship (Law No. 4787 arts. 2 and 4 [2]).
• Place: for maintenance cases brought after divorce, the court of the maintenance recipient's domicile is competent (Civil Code art. 177 [1]). The general rule is the court of the defendant's domicile on the date of filing (Code of Civil Procedure art. 6 [3]). For family support, the court of either party's domicile is competent (Civil Code art. 365). Which court to use in a given case should be checked before filing.
• Who files? For child maintenance, the parent actually caring for the child may sue the other parent on the child's behalf (art. 329 [1]). For spousal maintenance, the former spouse receiving it files.

What should the petition contain?

The law requires, among other things, the parties' identity and address details, the subject and value of the claim, a numbered summary of the facts, the evidence for each fact, the legal grounds and a clear statement of the relief sought (Code of Civil Procedure art. 119 [3]). In an increase case it is practical to state clearly:

• The court, case and decision numbers and finality date of the judgment that set the maintenance
• The current monthly amount and any annual increases already ordered
• The new monthly amount requested
• If wanted, a method for increases in future years (art. 176(5))

Procedure, fees and time limits

• Simple procedure: all maintenance cases follow the simple procedure (Code of Civil Procedure art. 316(1)(ç) [3]).
• Judicial recess: maintenance cases continue during the judicial recess (art. 103 [3]).
• Fees: an application fee and a cost advance are paid on filing. For judgments awarding maintenance, the decision fee is calculated proportionally on one year's maintenance (Fees Law No. 492, Tariff (1), III-1-d [4]). Amounts change every year; check with the courthouse.
• Time limit: the law sets no deadline for filing an increase case; it can be filed when circumstances change.

6. What evidence is used?

Two things must be shown: that needs have increased and that the payer can afford more. Common evidence:

The court may also use experts such as psychologists, pedagogues or social workers assigned by the Ministry of Justice (Law No. 4787 art. 5 [2]). In increase cases, however, income and expense documents are usually decisive.

7. From when is the increased amount payable?

The law has no express rule on the date from which an increased amount is payable; the start date is set in the increase judgment. Because maintenance does not rise automatically and the judge decides only on request (Civil Code arts. 176(4), 331 [1]), anyone who thinks circumstances have changed should consider the timing of the case in advance.

8. Recent development for spousal maintenance: "indefinite" struck down

The Constitutional Court found the words "indefinitely" (süresiz olarak) in Civil Code art. 175(1), under which spousal maintenance may be claimed indefinitely, unconstitutional and annulled them. The annulment takes effect nine months after publication in the Official Gazette on 30 September 2026, i.e. on 30 June 2027 (AYM, E. 2025/156, K. 2026/131, 4.6.2026; Official Gazette 30.9.2026, No. 33386 [5]).

The decision did not annul art. 176(4), which governs increases and reductions. The new rules Parliament will adopt on the duration of spousal maintenance, and how they will apply to existing maintenance, are not yet known; anyone seeking an increase in spousal maintenance should follow this development.

9. Hypothetical example

This example is purely hypothetical. C and D divorced in 2021. Custody went to the mother, and D was ordered to pay monthly child maintenance with no annual increase. Since then the child has moved from primary to middle school, with new transport and course costs, and D has been promoted to a higher salary. The mother files an increase case on the child's behalf, submits school and course invoices, asks the court to obtain D's social security and salary records, and also asks for a method of future increases. The court weighs the time elapsed, economic indicators and both parties' current situation and sets a new amount. The outcome depends on the documents and the judge's discretion.

10. FAQ

Can the paying party file an increase case?

No; an increase benefits the recipient, who files. The payer can ask for a reduction or termination if circumstances change (arts. 176(3)–(4), 331).

What happens to child maintenance when the child turns 18?

The parents' duty of support generally lasts until the child comes of age. If the child is still in education, the parents must support them, as far as reasonable, until their education ends (art. 328 [1]). The claim then belongs to the adult child.

Can maintenance fixed in an uncontested divorce protocol be increased?

Yes. The protocol takes effect through the judge's approval, and the approved maintenance can be increased under the same rules. If the protocol contains an annual increase clause, check first whether it has been applied.

Is an increase case the answer if maintenance is not being paid at all?

No. Unpaid maintenance is collected through enforcement proceedings based on the existing judgment. An increase case only concerns raising the amount; they are separate routes.

Can I file again after one increase?

The law sets no limit. A new case requires a further change after the previous decision; the court looks at the time and changes since the last amount was set.

How long does the case take?

The law sets no time limit. Duration depends mainly on the court's workload and how quickly evidence, especially records from public bodies, is collected.