Article 19 MÖHUK – Maintenance (Nafaka)
Article 19 of Turkish Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) settles in one sentence which law governs maintenance claims (nafaka): the law of the country where the person claiming maintenance, the creditor, has their habitual residence. It matters to parents in Turkey whose child lives in Germany or the Netherlands, and to children living abroad who are asked to support a parent in Turkey.
Article 19 MÖHUK – text
Unofficial translation:
Maintenance
Article 19 – (1) Maintenance claims are governed by the law of the maintenance creditor’s habitual residence.
Turkish original:
Nafaka
MADDE 19 – (1) Nafaka talepleri, nafaka alacaklısının mutad meskeni hukukuna tâbidir.
The current text on mevzuat.gov.tr carries no amendment note (as of November 2026).
Legislative reasoning
According to the reasoning, the old Law No. 2675 had no general maintenance rule; only Article 21 dealt with maintenance between relatives (yardım nafakası) and pointed to the debtor’s law. In practice, the reasoning says, the Hague Convention of 2 October 1973 on the law applicable to maintenance obligations was applied in place of the statute, subject to Turkey’s two reservations. The new article uses the creditor’s habitual residence for the maintenance claims that fall outside the divorce rule. For claims within the scope of the Convention, which is preserved by Article 1(2) MÖHUK, the reasoning says the Convention’s cascade applies: if no maintenance can be obtained under the law of the creditor’s habitual residence, the common national law applies, and then the law of the authority seised. Outside the Convention, only the first step applies.
This account reflects the reasoning at the time the law was passed. The Convention’s current status and Turkey’s reservations have not been separately checked in an official source for this article and should be verified in any specific case.
Explanation
Article 19 makes no distinction by type of maintenance; the boundaries come from other provisions:
- Maintenance between divorced spouses, and in cases of separation and nullity, follows the law governing the divorce (Article 14(2) MÖHUK).
- Interim measures during divorce proceedings are governed by Turkish law (Article 14(4) MÖHUK).
- The remaining claims, above all child maintenance and maintenance between relatives, fall under Article 19.
What counts is the creditor’s habitual residence; where the debtor lives and what nationality the parties hold do not matter under this rule. Article 19 names no date, so habitual residence at the time the case is filed is decisive (Article 3 MÖHUK; see Article 3 MÖHUK). If the child moved from Turkey to Germany, a claim filed afterwards will as a rule be governed by German law.
What this means if you live abroad
Child in Germany, father in Turkey. In a child maintenance case, the Turkish court applies German law because the child’s habitual residence is in Germany. The court applies that law of its own motion and may ask the parties to help establish its content; if the content cannot be established despite all enquiries, Turkish law applies (Article 2(1) and (2) MÖHUK). On the content of German or Dutch maintenance law, please consult a lawyer admitted in that country.
Child in Turkey, father abroad. Turkish law applies. The costs of the child’s care and upbringing are borne by the parents (Article 327(1) TMK). The parent who actually cares for the minor may sue the other on the child’s behalf (Article 329(1) TMK). The duty lasts until the child comes of age; if the adult child is still in education, the parents must support the child, to the extent that can reasonably be expected of them, until it ends (Article 328 TMK).
Parent in Turkey, child in Germany. If a parent living in Turkey who would fall into need without help claims support from a child living in Germany, Turkish law applies because the creditor lives in Turkey. Everyone must support relatives in the ascending and descending line and siblings who would fall into need without that help; siblings are liable only if they are well off (Article 364 TMK).
Foreign maintenance decisions. A maintenance decision given in Germany or the Netherlands can be enforced in Turkey only after an enforcement order (tenfiz) (Article 50 MÖHUK; see Article 50 MÖHUK). How a Turkish maintenance order is enforced in Germany or the Netherlands depends on the law of that country and any applicable treaties.
Frequently asked questions
Which law governs maintenance for a child living in Germany?
If the child’s habitual residence is in Germany, the Turkish court applies German law (Article 19 MÖHUK). The father living in Turkey does not change that.
Does maintenance after divorce fall under Article 19?
No. Maintenance between divorced spouses follows the law governing the divorce (Article 14(2) MÖHUK).
Can a mother in Turkey claim support from her child abroad?
If she lives habitually in Turkey, Turkish law applies; the duty to support relatives in the ascending line who would otherwise fall into need is set out in Article 364 TMK.
Sources
Questions about your case
If you want to claim maintenance for your child, or a claim has been made against you, and you would like to know which law a Turkish court would apply depending on who lives where, you can book a video call, a phone call or a meeting in Düsseldorf on the appointment page, or send a written question through the contact form. Consultations are held in Turkish and cover Turkish law only (§ 206 BRAO); for maintenance proceedings in Germany or the Netherlands, please consult a lawyer admitted there. Details of where and since when the person claiming maintenance has lived, a Turkish civil registry extract and any foreign maintenance decision are useful to have ready.