SUPPORT OF PARENTS TO THEIR CHILDREN
1- GENERAL RULE
According to the Supreme Court decisions, the support of parents to their children lasts until the age of 18 for boys, 22 for girls living in cities, and 18 for girls living in villages. The rule of 20 years for boys in secondary education and 25 years of age in higher education is applied with the support of parents.
2- CHILDREN WITH ADVANCED DISABILITIES AND BRAIN DISABILITIES
Parental support of severely disabled and brain-disabled children continues until the end of their lives. The reason for this is that children in this situation do not have the opportunity to continue their lives without support. The life span in this regard is the life span of the mother and father. They have to support children in this situation until they die. If both parents die or if they become dependent on care, the support of these children will be their siblings or relatives.
3- UNMARRIED GIRLS
The general rule for girls is that they can get support until the age of 22. However, it is accepted that girls who are 22 years old and live with their parents and do not earn any income can receive support until marriage by the decisions of the Court of Cassation.
In the case of compensation for loss of support, if it is determined that the girl is not married and lives in the same house with her parents, she has the right to compensation. However, the possibility of marriage in the future will also be taken into account in this calculation.
4- ADDRESS
If the child is adopted, there will be no difference in terms of the children adopted by the spouses together with the natural children and they will be supported. In case of adoption of one of the spouses, even if the other spouse does not have any legal responsibility, it is not possible for the spouses to avoid this support as long as they live together. They will not be different from their own children.
5- STEP CHILDREN
a) First of all, if it is necessary to define a stepchild, it is the child or children of one of the spouses from a previous marriage. The support for these children, on the other hand, is that if they actually live together, the support of the parents will be the same as in the adoptions. Support should not be considered as inheritance. They are different concepts. For this reason, the stepchild living with the parents will be entitled to compensation for deprivation of support in the event of their death due to an unlawful act.
b) The status of the concrete case is always important when looking for support. For example, if the child is cared for by the step-parent while his birth parents are still alive, his support will continue.
6- Widows who took refuge in their father’s house
a) In widowed women who took shelter in their father’s house due to the death of their husband or divorce, women who do not inherit from the death of their husband or who cannot receive a pension because the necessary conditions are not met, women who do not receive alimony from their spouses in the event of divorce and who do not have any income continue to live in their father’s house with the support of their parents. These women help their parents at home and receive their support. In this case, there is the support of the parents.
b) When calculating the compensation for the lack of support for women in this situation, the remaining life span of the parents and the remarriage status will be taken into account.
7- SEPARATE SITUATIONS WHERE ADULT AND MARRIED CHILDREN MAY REQUEST SUPPORT COMPENSATION
a) One of the conditions for claiming compensation for deprivation of support is that the person has been proven to have provided support while he was alive or it is understood that he will provide support in the future. For this reason, regardless of the age of the children who meet the conditions, whether they are married or not, or their income status, if it is proven that the deceased provided support while alive, they can claim compensation for deprivation of support. While the opinion that this cannot be demanded will be in the interest of the person who caused the damage due to his unlawful act, it causes the loss of rights of the person who has no fault. This would not be fair.
b) Support for adults and married children should not be considered only in financial terms. Support may also be available through the Service. For example, if both spouses work, there is support from the mother who looks after her children or helps with the housework. The child who is deprived of this support has the right to demand compensation for lack of support.
c) Another issue for which compensation for loss of support can be claimed is the children who are deprived of the experience and knowledge of the deceased support. We can say that if a father who transfers a company to his child due to old age does not work actively, but gives advice to the company with his experience and gains as a result, there is a situation of lack of support.
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