What Is Educational Support?
We know that being a parent brings certain rights. However, it also imposes far more obligations on parents than the rights it confers.
One of the most important of these obligations, and one that causes the most problems in practice, is the parents’ duty of care.
Article 328 of the Turkish Civil Code defines the maintenance obligation of parents and how long it lasts as follows:
“The maintenance obligation of parents continues until the child reaches the age of majority.
If the child is of legal age but still pursuing education, the parents are obligated to care for the child until the completion of their education, to the extent that can be expected of them, depending on the circumstances and conditions.”
The first paragraph of the law stipulates that the parents’ obligation to provide care continues until the child reaches the age of majority (legal age). According to Article 11 of the Civil Code, adulthood begins upon reaching the age of 18.
In addition to reaching the age of 18, it is accepted that a person may be considered an adult in certain other circumstances. A minor who has reached the age of 15 may be declared an adult by the court with their own consent and the consent of their guardian.
Similarly, marriage also makes a person an adult:
“Marriage renders a person of age. (CC Art. 11) Since the plaintiff claims to have been forced into marriage and seeks annulment of the marriage, it must be accepted that the plaintiff has active legal capacity, and the evidence must be evaluated within this framework and a decision made accordingly. It is incorrect to state that the plaintiff does not have the authority to file a lawsuit and to dismiss the case.” CASSATION COURT 2nd CIVIL CHAMBER Case Number: 1998/13557 Decision Number: 1998/830 Decision Date: 10.02.1999
The obligation of the mother and father to provide care ends when the person reaches the age of majority. There is no need to file a separate lawsuit for the termination of alimony:
“Pursuant to Article 148 of the Civil Code, the recipient of the alimony determined and awarded is the mother or father to whom custody has been granted. (Y.2.H.D. decision dated 29.1.1993, No. 13267-582) The obligation to pay custody and participation alimony ends automatically when the child reaches the age of majority. (MK.11, 262 and Y.2.H.D. decision dated 17.9.1985, No. 7799-7122) Therefore, there is no need or legal benefit to file a lawsuit for relief pursuant to Article 164 of the Civil Code to terminate the alimony determined in accordance with Article 148 of the Civil Code, which is not one of the ongoing measures specified in Articles 161 et seq. of the Civil Code. CASSATION COURT 2nd CIVIL CHAMBER Case Number: 2000/13611 Decision Number: 2000/14089 Decision Date: 13.11.2000
However, an exception is provided for in the second paragraph of Article 328. According to this exception, even if the child is considered an adult, the maintenance obligation of the mother and father continues if the child’s education continues.
The maintenance obligation continues during the child’s education, but this is not accepted as unlimited or perpetual.
“The maintenance obligation of the mother and father continues, as a rule, until the child reaches the age of majority. If the child is of legal age but continues his/her education, the mother and father are obliged to care for the child until the end of his/her education, to the extent that can be expected of them, depending on the circumstances and conditions (TMK. m. 328). However, this obligation applies only if the adult child has filed a lawsuit.” COURT OF CASSATION 2nd CIVIL CHAMBER Case Number: 2013/10251 Decision Number: 2013/23928 Decision Date: 10/22/2013
The purpose of this article is to ensure that education commenced before the child reached the age of majority can continue without interruption due to the child turning 18.
“According to the provision of Article 328/11 introduced by the Civil Code No. 721, the maintenance obligation of the mother and father does not cease but continues even after the child reaches the age of majority, provided that the child’s education continues. (328/1). There is no need for the child to file a separate lawsuit under Article 364 of the Civil Code. In this case, since the plaintiff father’s obligation to provide care continues until the end of the defendant’s education, who has no assets or income, the court should have dismissed the case, and the written judgment is not considered correct.” CASSATION COURT 3rd CIVIL CHAMBER Case Number: 2010/22576 Decision Number: 2011/1865 Decision Date: 02.15.2011
The aim is for the child to acquire a profession and become self-sufficient through this profession:
“An adult who is continuing their education and is unable to support themselves through their own labor and income may request maintenance from their parents until they complete their education. However, it is essential that the persons obliged to provide this support are not placed in financial hardship.” COURT OF APPEALS 3rd CIVIL CHAMBER Case Number: 2013/157 Decision Number: 2013/1813 Decision Date: 07.02.2013
Parents should provide support within the limits that can reasonably be expected of them, depending on the circumstances:
“Alimony is a form of social assistance aimed at protecting family members from poverty and destitution, and it is an obligation imposed by moral rules and traditions. In the specific case, although the plaintiff is continuing his education at an open university, he is also working for a minimum wage, while the defendant is receiving a pension. In this situation, the plaintiff cannot benefit from Article 328/2 of the Turkish Civil Code.” COURT OF APPEALS 3rd CIVIL CHAMBER Case Number: 2012/17987 Decision Number: 2012/22454 Decision Date: 01.11.2012
The Supreme Court has also accepted that attending courses and taking various additional lessons is necessary to pass university entrance exams in our country. Accordingly, a child preparing for university has the right to receive alimony from his/her parents.
“The plaintiff, who is an adult child, was preparing for university at the time of the lawsuit and had a course fee of 1800 TL. Subsequently, he was accepted into the Public Administration Department of the Faculty of Economics and Administrative Sciences at Dumlupınar University, and his needs are being met by his mother, with whom he lives.”
In the specific case, the fact that the defendant father has no job and no income or assets does not exempt him from the obligation to pay alimony, as it must be assumed that he has at least the minimum wage level of income; this situation (the father’s lack of income and assets) only affects the determination of the amount of alimony and does not require the complete dismissal of the case. The defendant must pay alimony in an amount that is fair and equitable.” COURT OF APPEALS 3rd CIVIL CHAMBER Case Number: 2010/3576 Decision Number: 2010/4699 Decision Date: 03.22.2010
It has been accepted that the mother and father must pay alimony if the child is enrolled in an open education faculty that does not require attendance.
When determining the duration of education, consideration is given to whether the child has acquired a profession. While graduation from some educational institutions directly grants the right to practice a profession, graduation from others may require additional training, such as an internship. When determining the maintenance obligation of the parents, consideration is given to whether the child has acquired a profession based on the school from which they graduated.