Action for Increase of Maintenance 2026 and Types of Maintenance

In this guide you will find the types of maintenance under the Turkish Civil Code, the methods of calculating the current maintenance increase rates for 2026 (ÜFE-TÜFE), the conditions of an action for increase of maintenance, recent decisions of the Court of Cassation that have been read, and enforcement procedures. Accompanied by technical analyses and professional sample petitions prepared by Av. Yakup Buğrahan SEVDİ, a framework for an application in line with the 2026 standards of proceedings is presented.

What Is Maintenance? Types of Maintenance and Their Conditions

The short answer to the question of what maintenance is: maintenance is money determined by the court and paid as a lump sum or periodically (irat, periodic payments) in cases where the law imposes on one person a debt to contribute to the subsistence of another. The Turkish Civil Code regulates four types: interim maintenance (tedbir nafakası), ordered as a provisional measure while the divorce action continues (TMK Art. 169); post-divorce maintenance (yoksulluk nafakası) for the spouse who would fall into poverty because of the divorce (TMK Art. 175); child support (iştirak nafakası), paid for the child by the mother or father who has not been granted custody (TMK Art. 182, Art. 327 and Art. 330); and family support maintenance (yardım nafakası) between ascendants, descendants and siblings (TMK Art. 364).

The maintenance system, introduced in our legal system to protect family unity and to prevent the parties from suffering economic ruin after divorce, is essentially a responsibility of "mutual assistance and solidarity". The maintenance calculation process requires the financial means of the parties and current economic data to be assessed together. The Turkish Civil Code No. 4721 (TMK) has created a broad scope by basing the maintenance obligation not only on the relationship between spouses but also on the blood tie between children and parents.

In its legal definition, maintenance means "subsistence" and refers to the money that a person is obliged by a court decision to pay to another. In determining the sum, the courts set an amount consistent with equity on the basis of Social and Economic Status (SED) reports. Since a maintenance claim is a right recognised so that a person can continue their life, it enjoys stronger protection than ordinary claims under the law of obligations.

Interim Maintenance: Subsistence Concerns While the Divorce Action Continues

Interim maintenance is a measure that the judge takes of their own motion from the moment the divorce action is filed. Its most fundamental characteristic is that no regard is had to whether the parties are at fault. The judge aims only to ensure that the spouses and children do not suffer hardship for the duration of the proceedings. The economic conditions in 2026, rent increases and inflation in basic food prices have made the judge's discretion in determining interim maintenance even more important. The court sets a provisional amount on the basis of the parties' statements and the SED report submitted at the initial stage; as the proceedings progress, the amount may be increased or reduced.

Child Support: The Children's Care and Education Expenses

Definition: It is the financial contribution made by the mother or father who has not been granted custody to the child's care, education and health expenses in proportion to their means.

Child support, determined in accordance with the principle of the child's best interests, is set having regard to the child's age, educational situation and standard of living. The obligation so determined continues until the child completes the age of 18 and reaches majority. However, if the child's education (university and the like) continues, child support ends and the process of "family support maintenance", to be brought by the child personally, begins. The Court of Cassation maintains that, in determining child support, the balance between the incomes of the mother and father must be preserved, but that the standard of living to which the child is accustomed must not be lowered.

The duty of support where the child continues their education after reaching majority is separately regulated in the second paragraph of TMK Art. 328:

Post-Divorce Maintenance: Economic Support After Divorce

Post-divorce maintenance is a legal institution that begins upon the finality of the judgment of divorce and aims to prevent one of the parties from falling into poverty. Whether the person claiming maintenance has any income is assessed concretely within the criterion "would fall into poverty" in TMK Art. 175; the effect on this criterion of an income at the level of the minimum wage is discussed separately in each file. The basic condition of post-divorce maintenance is that the party claiming it is not more at fault than the other party in the events that caused the divorce; if both parties are equally at fault, a claim for maintenance may still be made.

Family Support Maintenance: The Duty of Support Owed to Descendants and Ascendants

Under TMK Art. 364, everyone is obliged to provide maintenance to their children, grandchildren, mother and father, grandparents and siblings who would fall into poverty without their assistance. This type of maintenance is a debt relationship independent of divorce actions. In an action for family support maintenance, it is required that the person liable for maintenance has the economic means to make this payment and that the person claiming maintenance genuinely faces a risk of poverty.

How Much Is Maintenance? Is There a Fixed Amount of Maintenance in 2025 and 2026?

There is no fixed answer in the law to the question of how much maintenance is: the Turkish Civil Code provides for no tariff, minimum amount or percentage linked to income for maintenance. In 2025 and 2026 too, the amount of maintenance is determined in each file by the judge according to the statutory criteria. In post-divorce maintenance, the criterion is that the person liable pays "mali gücü oranında" "in proportion to their financial means" (unofficial translation) (TMK Art. 175); in child support, the spouse who has not been granted custody contributes to the child's care and education expenses "gücü oranında" "in proportion to their means" (unofficial translation) (TMK Art. 182).

Accordingly, fixed figures given in answer to questions such as "how much is maintenance in 2025", "how much maintenance 2025", "how much is maintenance in 2026" or "how much maintenance does a minimum wage earner pay" are based on estimation, not on a statutory basis. The court establishes the parties' income, expenses and standard of living with the evidence in the file; how the amount determined will increase in subsequent years is set out separately in the decision if it has been requested.

How Much Is Maintenance per Child? Criteria for 2026

The question of how much maintenance per child is in 2026 is likewise answered separately for each child, using the same statutory criteria. TMK Art. 330 lists the factors to be taken into account in determining the amount of maintenance as follows:

Since the criterion is the child's own needs, the maintenance awarded for two children in the same family need not be equal; age, level of education and health expenses may make the amounts differ. Maintenance is paid monthly in advance (TMK Art. 330/2).

The same rules apply in maintenance disputes in Adana: in maintenance actions filed after the divorce, the court of the maintenance creditor's place of residence has jurisdiction under TMK Art. 177. The scope of services relating to maintenance actions heard in Adana is described on the maintenance actions service page, and maintenance claims raised together with the divorce action are described on the Adana divorce lawyer page.

Calculating the 2026 Maintenance Increase Rate (ÜFE-TÜFE)

In periods of economic instability and high inflation, it is inevitable that the amount of maintenance determined will lose value over time. Upon request, the courts add an "increase clause" to maintenance decisions. The 2026 maintenance increase rate is found according to the data announced by the Turkish Statistical Institute (TÜİK) for the index written in the decision; it is not the law but the ruling in the reasoned decision that determines which index will apply. To find out the current value of your existing maintenance in 2026, you can carry out the calculation using the maintenance increase calculation tool.

How Is the Increase Clause in Court Decisions Interpreted?

The court decision determines to which index, for which period and from which date the increase will apply; in practice, the operative part of the reasoned decision is taken as the basis. For example, if the decision states "to be increased each year at the TÜFE rate", TÜFE applies, and if it states "at the ÜFE rate determined by TÜİK each year", ÜFE applies; whether the increase is to be made according to the twelve-month average or the annual change is also understood from the wording of the decision. In the 2026 decisions of the 2nd Civil Chamber of the Court of Cassation that have been read, the increase was ordered at the ÜFE rate. If no increase rate at all is specified in the decision, it is not possible for maintenance to increase automatically; in that case, an action for increase of maintenance must be filed. Enforceable judgments (ilam) without an increase clause rapidly erode the entitlement of the maintenance creditor, particularly in periods of high inflation such as 2026.

Why Should the Increase Clause Be Requested Separately?

The future increase of maintenance does not enter the judgment automatically; the law makes it dependent on a request. For post-divorce maintenance, the last paragraph of TMK Art. 176 reads as follows:

The same rule is repeated for child support in the last paragraph of TMK Art. 182 and for maintenance for the child in the third paragraph of TMK Art. 330. If a request has been made, the court must give a decision on that request. The 2nd Civil Chamber of the Court of Cassation, in a file containing a request for increase, regarded the failure to address the request when the judgment was re-established at the appeal stage as a ground for reversal:

The decision resulted in a unanimous reversal as regards the amounts of compensation and the increase rate of post-divorce maintenance, and in the decision being upheld as regards the other aspects that were the subject of the appeal to the Court of Cassation.

ÜFE or TÜFE? Which Rate Should Be Applied?

Should the maintenance increase rate be ÜFE or TÜFE? The answer to the matter, often asked briefly as "maintenance: ÜFE or TÜFE", is not written in the law: TMK Art. 176/5, Art. 182 and Art. 330/3 provide only for an increase according to the parties' "sosyal ve ekonomik durumlarına göre" "social and economic circumstances" (unofficial translation) and do not name an index. The rate is determined upon request in the court decision; whichever index is written in the decision, the increase is applied according to that index. In the decisions of the 2nd Civil Chamber of the Court of Cassation read in 2026, the increase was ordered at the rate of the Producer Price Index (ÜFE) announced by TÜİK. In the first decision below, the Court of Cassation itself corrected the operative part, and in the second it upheld the ruling for an increase at the ÜFE rate:

The Regional Court of Appeal had set the increase at a fixed rate such as 20 percent, while the Court of Cassation, finding that an ÜFE increase had been requested in the petition, corrected the judgment and unanimously upheld it as corrected.

Some decisions of courts of first instance and regional courts of appeal also state that the increase is to be made "at the ÜFE rate, provided that it does not exceed the TÜFE rate"; in file No. 2025/8849 E., reported in the Case Law of the Court of Cassation section below, this wording appeared in the judgment of the lower courts, while the Court of Cassation did not examine the merits because of the amount. In short, the question of whether the maintenance increase is ÜFE or TÜFE is answered in each file by the index written in the decision; where the decision does not state an index, an action for increase of maintenance based on TMK Art. 176/4 and Art. 331 is required for an increase.

Example of a Maintenance Increase Calculation (Hypothetical Table)

The table below presents an example calculation based on estimated (hypothetical) data for 2026 and on the assumption that the index written in the decision is %55. The data in the text are for illustrative purposes only, and the increase date and rate of each case should be taken as the basis:

Action for Increase of Maintenance: When and How Is It Filed?

Where the maintenance ordered by the court becomes insufficient in the face of changed living conditions, filing an action for increase of maintenance is a legal right. For an action to be filed, there must have been a significant change in the financial circumstances of the parties or a noticeable increase in the needs of the person receiving maintenance. An action for increase of maintenance may also be filed where the maintenance debtor's ability to pay has increased.

Change in Financial Circumstances and Increase in Needs

An increase in the income of the person paying maintenance (promotion, an inheritance and the like) or an increase in the expenses of the person receiving maintenance (the child starting school, serious illness and the like) are among the conditions of an action for increase of maintenance. A Social and Economic Status (SED) inquiry into the parties is carried out again. If the person paying maintenance is concealing their income, it is mandatory to have evidence secured (delil tespiti) through an experienced family law lawyer in order to prove this situation. In particular, increases in the minimum wage are one of the most important indicators accepted as a "justified reason" in actions for increase of maintenance.

The Court with Territorial and Subject-Matter Jurisdiction in an Action for Increase of Maintenance

The court with subject-matter jurisdiction in maintenance actions is the Family Court. This rule was introduced in order to protect the person receiving maintenance (generally the party in the more difficult position). It should not be forgotten that if objections to jurisdiction are not made in time, the court of the place where the action was filed will acquire jurisdiction.

How Is an Action for Increase of Maintenance Filed? Step by Step

The legal basis for the question of how an action for increase of maintenance is filed is the rule on change of circumstances in TMK Art. 176/4 and TMK Art. 331:

1. Examine the existing decision: If the decision states an increase rate for future years, maintenance increases according to that rate; if there is no rate, or if the increased amount does not meet the need, recourse is had to an action.
2. Document the change in circumstances: The increase in the income of the person liable for maintenance, or the increase in the expenses of the maintenance creditor or of the child (such as school, health and housing), is shown with documents.
3. Determine the court with jurisdiction: In maintenance actions filed after the divorce, the court of the maintenance creditor's place of residence has jurisdiction (TMK Art. 177).
4. State the claim clearly in the petition: The amount to which an increase is sought and the increase rate to be applied in future years are requested separately; no ruling is made on an increase that has not been requested (TMK Art. 176/5, Art. 182, Art. 330/3).
5. Raise the increase aspect separately in the appellate remedies: If an objection concerning the increase rate is not raised on appeal, it may not be examined in the appeal to the Court of Cassation; an appeal to the Court of Cassation is also subject to the finality threshold (the Court of Cassation decisions below).

The Basic Criteria Determining the Amount of Maintenance

The courts do not have unlimited discretion in determining the amount of maintenance. They act within the framework of the criteria "mali gücü oranında" "in proportion to their financial means" in TMK Art. 175, "gücü oranında" "in proportion to their means" in Art. 182 and "ödeme güçleri" "ability to pay" in Art. 330/1 (unofficial translation). In proceedings in 2026, the courts examine the following matters in detail:

• Income of the Parties: All income such as salary, rental income, company shareholding and interest returns.
• Standard of Living: The quality of life to which the parties were accustomed during the marriage and the sustainability of that quality.
• Food and Housing Costs: In particular, increases in rent, service charges, electricity, water and natural gas expenses.
• Education and Health Expenses: The children's level of education (nursery, primary school, university) and regular health expenditure.

In determining the amount of maintenance, the "minimum subsistence level" of the person liable is also taken into account; the party paying maintenance should also be left an amount that allows them to continue their own life. However, in child support (maintenance for the child), even a very low income on the part of the person liable does not entirely remove the responsibility to pay.

What Happens If Maintenance Is Not Paid? The Enforcement and Imprisonment Process

In our law, a maintenance debt is one of the claims protected at the highest level. If the maintenance debtor does not pay the debt despite the enforcement order, they face serious consequences. In the event of the debtor's bankruptcy, maintenance claims arising from family law that accrued within the last year before the opening of bankruptcy and must be performed in cash are among the first-rank privileged claims under İİK Art. 206/4.

Initiating Enforcement Proceedings for a Maintenance Claim

For unpaid maintenance claims, enforcement proceedings based on an enforceable judgment (ilamlı icra takibi) are initiated through the Enforcement Offices. İİK Art. 83 applies to the attachment of salaries: salaries may be attached after deduction of the amount that the enforcement officer considers necessary for the subsistence of the debtor and their family, the amount to be attached may not be less than one quarter of the salary, and if there is more than one attachment, the attachments are ranked in order. In addition, attachment may be placed directly on the debtor's immovable property, vehicles and bank accounts because of the maintenance debt.

Coercive Imprisonment for a Maintenance Debt (Up to 3 Months)

Coercive imprisonment (tazyik hapsi) is a sanction aimed at compelling the debtor to comply with the maintenance decision and depends on the creditor's complaint; under İİK Art. 344/1, if the decision is complied with after the imprisonment has begun to be applied, the debtor is released. If the debtor has filed an action for the termination or reduction of maintenance, the second paragraph of the same article applies:

The conditions of application, such as for which period's maintenance and within what time the complaint may be made, have been shaped by the case law of the Court of Cassation; they should be assessed in the specific file together with recent decisions.

The Law of Evidence in Maintenance Actions and the Detection of Hidden Income

The greatest difficulty in maintenance actions is the other party concealing their real income from the court. Self-employed professionals, company shareholders or persons working off the record in particular may show their income on paper at the level of the minimum wage. This situation adversely affects the maintenance calculation process and results in hardship for the person entitled.

Methods Used to Establish Income

In an action conducted under the supervision of a family law lawyer, the following evidence is relied on to detect hidden income:

• Bank Records: Not only the salary account, but also credit card statements and credit usage history.
• Social Media Research: Posts showing the holidays the person goes on, the vehicles they use and a luxurious lifestyle.
• Statements of Third Parties: Testimony of business partners, neighbours or the person's close circle.
• Title Deed and Traffic Records: Identification of immovable property and vehicles in the person's use, even if not registered in their name.
• Analysis of Money Spent: Presenting to the court, with a rational breakdown, the question "How is this life lived on this income?"

Sample Petitions for an Action for Increase of Maintenance (Draft)

For the success of the legal process, the petition for maintenance and petitions for increase need to be written in professional language. The sample presented below has been prepared in line with the 2026 standards of proceedings. It should not be forgotten that every statement in the petition also brings with it the burden of proof.

Case Law of the Court of Cassation: Procedure and the Finality Threshold in Actions for Increase of Maintenance

Changes in Child Support According to the Level of Education

The child support that children receive until they reach majority is not, and should not be, a fixed amount. There is a world of difference between a child's needs at nursery level and their needs during high school or the period of preparation for university. Education expenses, fees for social courses and personal development expenditure that increase as the child grows older should be raised separately before the court. A change in the level of education (for example, the transition from primary school to lower secondary school) may be made the ground for a request for an increase of maintenance under TMK Art. 330/1 and Art. 331, as a circumstance changing the child's needs; the extent of the increase is determined by the concrete expenses. In 2026, particularly in view of the exorbitant increases in private school fees, where the annual increase written in the decision alone is not sufficient to cover the expenses, it may also be necessary to file an action for increase of maintenance.

The Indefinite Duration of Post-Divorce Maintenance and the Decisions of the Constitutional Court

Indefinite maintenance, one of the most debated subjects on the legal agenda, may create a serious sense of injustice between the parties. The expression "indefinite" in TMK Art. 175, which will apply until the annulment provision enters into force, means that the maintenance creditor may receive support for life. Nevertheless, the indefinite nature does not mean that maintenance will not end under any circumstances: under TMK Art. 176/3, maintenance ends automatically if the receiving party remarries or if either party dies; it is terminated by a court decision if the receiving party lives as if actually married without marrying, if their poverty ceases or if they live a dishonourable life. However, where the spouse receiving maintenance deliberately does not work although able to work, or lives as though they had an income, this may be assessed as an "abuse of right" and may give rise to the termination of maintenance.

The Constitutional Court's Annulment Decision of 2026

Upon the application by way of objection of the Antalya 12th Family Court, the Constitutional Court examined the phrase "süresiz olarak" "for an indefinite period" (unofficial translation) in the first paragraph of TMK Art. 175 and annulled it, finding it contrary to Articles 2, 5 and 17 of the Constitution. The decision was given by majority vote; three members cast dissenting votes, and one member concurred in the annulment on different grounds. The Court also recounted that in its decision dated 17.05.2012, E.2011/136, K.2012/72 it had not found the same phrase contrary to the Constitution, and found that after that decision the phrase continued to be regarded as mandatory in practice.

Payment of Maintenance as a Lump Sum or Performance in the Form of Capital

Under TMK Art. 176/1, it may be decided that pecuniary compensation and post-divorce maintenance be paid as a lump sum or, according to the requirements of the situation, in the form of periodic payments (monthly payments). Although monthly payment is generally preferred in practice, payment of "lump-sum maintenance" may be requested where the maintenance debtor does not inspire confidence or where the parties do not wish to face each other again in any way. It is requested that maintenance paid in the form of a lump sum of capital be calculated so as to include the inflation difference in future years as well. This method aims to remove the state of poverty permanently by giving the maintenance creditor the opportunity to set up their own business or acquire immovable property.

Child Support and the Parent's Duty of Support

Child support is not solely the responsibility of the party who has not been granted custody. The mother or father holding custody must also contribute to the child's expenses in proportion to their own financial means. In determining the amount of maintenance, the court takes into account the income and ability to pay of both parties (TMK Art. 330/1). Purely as an arithmetical illustration, if one party's income is four times that of the other, in a division according to the income ratio, 8.000 TL of the child's school expenses of 10.000 TL falls to the party with the higher income and 2.000 TL to the other party. The court is not bound by this ratio; it determines the amount in the specific file according to the criteria in TMK Art. 182 and Art. 330/1.

Since a change of custody may also change the party who is to pay child support, the article on the action for change of custody may be consulted on this subject.

Mediation and Settlement Options in Maintenance Actions

Family law disputes are the types of action in which the parties' emotional ties are most intense and the toll of attrition is highest. The Law on Mediation in Civil Disputes allows mediation in disputes over which the parties may dispose at will; under the second paragraph of Article 1 of the Law, disputes involving an allegation of domestic violence are not suitable for mediation. The parties may reach agreement on the amount of maintenance and the increase rates before a mediator. If an annotation of enforceability (icra edilebilirlik şerhi) is given to the agreement reached, the agreement is regarded as a document having the nature of an enforceable judgment (Law No. 6325, Art. 18/2); in family law disputes suitable for mediation, the examination concerning this annotation is carried out with a hearing (Law No. 6325, Art. 18/3).

Action for Reduction or Complete Termination of Maintenance

Where the maintenance debtor's economic situation deteriorates (becoming unemployed, bankruptcy, serious medical expenses and the like) or the state of poverty of the party receiving maintenance ceases, an action for "Reduction of Maintenance" or "Termination of Maintenance" may be filed. Under TMK Art. 176/4, an increase or reduction of maintenance may be ordered where the financial circumstances of the parties change or where equity so requires. The courts focus primarily on protecting the child support of the children. In post-divorce maintenance, on the other hand, the spouse receiving maintenance living a dishonourable life is a definitive ground for the complete termination of maintenance.

When Does Maintenance End? Grounds for Termination

The maintenance obligation is not endless. The legislature has listed exhaustively in TMK Art. 176 the circumstances requiring maintenance to end:

• Remarriage and Death: If the person receiving maintenance remarries or either party dies, post-divorce maintenance ends automatically.
• Living a Dishonourable Life: If it is proved that the person receiving maintenance is living a dishonourable life, maintenance is terminated by a court decision.
• Living as if Actually Married: Living with another person as husband and wife without an official marriage is the most important legal ground for ending maintenance. Social inquiries carried out through the court are taken as the basis for establishing this situation.
• Cessation of the State of Poverty: If the party receiving maintenance takes up a regular, well-paid job or inherits a substantial amount, the person paying maintenance may file an "action for termination of maintenance".

Sources

• Turkish Civil Code No. 4721 (Art. 169, 175, 176, 177, 182, 328, 330, 331, 364)
• Enforcement and Bankruptcy Law No. 2004 (Art. 344)
• Law No. 6325 on Mediation in Civil Disputes (Art. 1, 18)
• 2nd Civil Chamber of the Court of Cassation, E. 2026/1403, K. 2026/7341, 29.06.2026
• 2nd Civil Chamber of the Court of Cassation, E. 2026/2898, K. 2026/5682, 01.06.2026
• 2nd Civil Chamber of the Court of Cassation, E. 2025/5610, K. 2026/3072, 24.03.2026
• 2nd Civil Chamber of the Court of Cassation, E. 2025/4312, K. 2025/11178, 15.12.2025
• 2nd Civil Chamber of the Court of Cassation, E. 2025/8849, K. 2025/10780, 08.12.2025