PARENTS’ SUPPORT FOR THEIR CHILDREN
1- GENERAL RULE
According to the decisions of the Court of Cassation, as a rule, the support of parents for their children lasts until the age of 18 for boys, 22 for girls living in urban areas and 18 for girls living in villages. The rule of 20 years of age for boys in secondary education and the rule of 25 years of age in higher education, without any distinction between girls and boys, is applied in the support of parents.
2- SEVERELY DISABLED AND MENTALLY HANDICAPPED CHILDREN
For severely disabled and brain-disabled children, parental support 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 own lives without support. The life expectancy in this respect is the life expectancy of the mother and father. They have to support children in this situation until they die. If both parents die or if they themselves become in need of care, the support of these children will be their siblings or relatives.
3- UNMARRIED GIRLS
The general rule for girls is that they can receive support until the age of 22. However, for girls who live with their parents without any earnings at the age of 22, it is accepted by the decisions of the Court of Cassation that they can receive support until they get married.
In the case of compensation for deprivation of support, if it is determined that the girl is not married and lives in the same house with her parents, she is entitled to compensation. However, the possibility of future marriage will also be taken into consideration in this calculation.
4- ADOPTION
If the child is adopted, the children adopted by the spouses together will not be any different from their natural children and will be supported. In the case of adoption by one of the spouses, even if the other spouse does not have any legal responsibility, it is not possible to avoid this support as long as the spouses live together. It will not be different from natural children.
5- STEPCHILDREN
a) First of all, if it is necessary to define stepchild, it is the child or children of one of the spouses from a previous marriage. The support for these children is that they will be supported by the parents if they actually live together, just like in the case of adoption. Support should not be considered like 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) When looking at the support, the situation of the concrete case is always important. For example, if the child is being cared for by the step-parent while his/her natural parents are alive, the support will continue.
6- WIDOWS WHO TOOK REFUGE IN THEIR FATHER’S HOUSE
a) Widows who seek refuge in their father’s house due to the death of their husbands or divorce, women who do not inherit from their husbands or who cannot receive a pension due to the lack of the necessary conditions, who cannot receive alimony from their husbands in case of divorce, and who do not have their own earnings, continue their lives with the support of their parents in the father’s house where they take shelter. These women help their parents at home and receive their support. In this case, there is also the support of the parents.
b) While calculating the compensation for deprivation of support for women in this situation, the remaining life expectancy of the mother and father and their remarriage status will be taken into consideration.
7- EXCEPTIONS FOR ADULT AND MARRIED CHILDREN TO CLAIM SUPPORT INDEMNITY
a) One of the conditions for claiming compensation for deprivation of support is that it has been proven that the deceased was a supporter while he/she was alive or it is understood that he/she will be a supporter in the future. Therefore, children who meet the conditions may claim compensation for deprivation of support if it is proven that the deceased person provided support while he/she was alive, regardless of his/her age, whether he/she was married or not, or his/her income status. The view that this cannot be claimed would be in the interest of the person who caused the damage due to his/her unlawful act, while it would cause the loss of rights of the person who is not at fault. This would not be in accordance with equity.
b) In the case of adult and married children, support should not only be considered financially. Support may also be possible through service. For example, if both spouses work, the mother who takes care of the children or helps with housework has support. The child deprived of this support has the right to claim compensation for deprivation of support.
c) Another issue where compensation for deprivation of support can be claimed is the children who are deprived of the experience and knowledge of the deceased support. If a father who transfers a company to his child due to old age does not actively work, but advises the company with his experience and makes a profit as a result, we can say that the situation of deprivation of support has occurred.
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