A maintenance increase action (nafaka artırım davası) is the action brought so that the existing amount of maintenance may be determined afresh on account of a change in the parties’ financial circumstances or as equity requires. In practice, when the rate of increase is being set, the consumer price index (CPI, TÜFE) figures published by TÜİK (the Turkish Statistical Institute) are taken as the basis. This article deals with the conditions for a maintenance increase action, how the CPI rate is applied and the current figures for 2026. In periods when inflation runs high, reviewing at regular intervals whether the amount of maintenance is keeping its real value matters both to the maintenance creditor and to the person liable to pay it.
- The legal basis of a maintenance increase action is TMK m. 176/4: an increase may be sought on the ground of a change in financial circumstances or on the ground of equity.
- According to TÜİK figures, in August 2026 the annual CPI was announced as 31,51 percent and the monthly CPI as 1,84 percent.
- The law lays down no fixed waiting period for a maintenance increase action; what matters is that a substantial change in circumstances has occurred.
- The court with territorial jurisdiction is the family court of the maintenance creditor’s place of residence (TMK m. 177).
- A request for an increase in maintenance is subject to an ad valorem fee (nispi harç); the fee is calculated on the difference represented by the increase sought.
- Which CPI period is taken as the basis varies according to the indexation method set out in the earlier decision or protocol.
What Is a Maintenance Increase Action and Which Types of Maintenance Does It Cover?
A maintenance increase action may be brought in order to have redetermined the amount of poverty maintenance (yoksulluk nafakası) awarded after divorce, of child maintenance (iştirak nafakası) fixed for the children, and of interim maintenance (tedbir nafakası) paid during the proceedings. A request for an increase is assessed separately for each type of maintenance.
Poverty maintenance may be attached for an indefinite period in favour of the party who will fall into poverty because of the divorce, whereas child maintenance is fixed in order to meet the care and educational expenses of the couple’s child. The increase over time in the child’s educational, health and housing expenses is one of the grounds most frequently relied on in a request to increase child maintenance. Current practice on this subject makes such requests among those encountered often in the field of family and divorce law.
Differences Between Increasing Poverty Maintenance and Increasing Child Maintenance
Although the basis is the same in actions to increase poverty maintenance and in actions to increase child maintenance (TMK m. 176/4), the criteria assessed differ. In poverty maintenance, whether or not the maintenance creditor is able to provide for their own subsistence is taken as the basis, while in child maintenance it is the child’s current needs.
| Criterion | Poverty Maintenance | Child Maintenance |
|---|---|---|
| Beneficiary | The spouse who falls into poverty | The couple’s child |
| Duration | As a rule, indefinite | Until the child attains majority |
| Ground for increase | Inflation, conditions of subsistence | Educational, health and housing expenses |
What Are the Conditions for Bringing a Maintenance Increase Action?
In order to bring a maintenance increase action there must be a change in the parties’ financial circumstances, or equity must require it; this condition is regulated in TMK m. 176/4. A reduction in the maintenance creditor’s purchasing power because of inflation may be given as an example of the ground of equity.
In assessing a request for an increase, the court examines together the increase in the income of the person liable to pay maintenance, the change in the maintenance creditor’s needs and the general economic conditions. For the request to be capable of being accepted, it must be shown that a substantial change in circumstances has occurred since the earlier decision; the mere passage of time is not on its own regarded as sufficient.
The following may be given as examples of a substantial change: a marked reduction in the maintenance creditor’s purchasing power because of general inflation, an increase in expenses because the child has started school or because of a change in the child’s state of health, and a significant increase in the income of the person liable to pay maintenance. Supporting these changes with concrete documents makes it easier for the court to assess the request.
By contrast, where the income of the person liable to pay maintenance has remained the same, general statements along the lines of “everything has become more expensive” may not on their own constitute a sufficient basis. Giving concrete form to the allegation of inflation with TÜİK figures, and documenting any increase in the income of the person liable, allow the request to be advanced on firmer ground.
Where, instead of an increase in maintenance, the parties prefer to separate by agreement, our article dealing with the uncontested divorce process in İzmir gives an idea of how the maintenance clause may be framed in the protocol.
How Is the CPI Rate Applied to an Increase in Maintenance?
When determining the rate of increase in maintenance, courts generally take as their basis the CPI figures published by TÜİK; the rate of increase is calculated according to the change in the CPI between the date on which the earlier maintenance decision was given and the date on which the increase action was brought. If there is an indexation method fixed between the parties by protocol, that method is applied first.
Current CPI Figures for 2026
According to TÜİK figures, in August 2026 the consumer price index rose by 1,84 percent compared with the previous month and by 31,51 percent compared with the same month of the previous year. These rates have also been confirmed by the official statements of the Presidency of Strategy and Budget.
| Period | Change in CPI |
|---|---|
| August 2026 (monthly) | 1,84% |
| August 2026 (annual) | 31,51% |
Which CPI Period Is Taken as the Basis?
In practice, courts determine which of the rates of change is to be used — the annual CPI, the monthly CPI, or the change according to twelve-month averages — according to the indexation method written into the decision or the protocol. For this reason the indexation clause of the maintenance decision or of the protocol needs to be examined carefully. Where necessary, a sample calculation may be carried out with current CPI figures using the maintenance increase rate calculation tool.
By way of a wholly fictitious and illustrative example, where a person liable pays 5.000 TL a month in child maintenance and, in an increase action brought a year later, the annual CPI rate is taken as the basis, the amount of maintenance may be raised by the rate of the CPI increase. The court is not, however, bound by the CPI rate alone; the final amount is determined by assessing together the parties’ income position and the change in the child’s needs (this is illustrative).
The application of the CPI rate is not an automatic calculation; the court uses the CPI figure as a reference point and may award a higher or a lower increase according to the circumstances of the particular file. For this reason, although a CPI calculation may be put forward in the statement of claim as a basis, it does not on its own determine the final decision.
When Can a Maintenance Increase Action Be Brought?
The law lays down no particular waiting period for a maintenance increase action; what matters is that a substantial change in circumstances has occurred since the earlier decision. The case law of the Yargıtay (the Court of Cassation) likewise emphasises that the bringing of the action does not depend on the passing of any particular period.
That said, in practice, where very little time has passed since the earlier maintenance decision, the court examines more strictly whether the condition of a “substantial change” has been met. The effect of inflation being demonstrated in concrete terms, and the change in the balance of income and expenditure being supported by documents, strengthen the prospect of the action being accepted.
Where and How Is a Maintenance Increase Action Brought?
In a maintenance increase action the court with territorial jurisdiction is, under TMK m. 177, the family court (aile mahkemesi) of the maintenance creditor’s place of residence; in places where there is no family court, the civil court of first instance (asliye hukuk mahkemesi) has subject-matter jurisdiction. This arrangement is intended to protect the economically weaker party by enabling the maintenance creditor to bring the action in the place where they themselves are.
The statement of claim must clearly state the existing amount of maintenance, the new amount requested and the grounds on which that increase rests (such as the change in income and expenditure, the CPI rate and the increase in the child’s needs). Proof of income, a list of expenses and, where there is one, the earlier maintenance decision are submitted as annexes to the statement of claim.
It is important that the relief sought be written in the statement of claim as a clear figure; instead of vague expressions such as “a reasonable increase”, the existing amount, the new amount sought and the calculation on which the difference between them rests should be clearly set out. On the hearing date the parties are heard by the court; if it is considered necessary, the parties may be asked to submit additional documents relating to their income position, and the file is decided once those documents are complete.
What Evidence Is Submitted in a Maintenance Increase Action?
The most important evidence in a maintenance increase action consists of the documents showing the parties’ current income position and their expenses. Documents such as a payslip, a tax certificate, a bank account statement and a lease agreement may be submitted to the court.
Where child maintenance is sought for a child, invoices and receipts relating to educational expenses, health expenses and school costs may in addition be used as evidence. If one of the parties is concealing their income, the court may of its own motion request information and documents from the relevant institutions (SGK, the tax office, banks).
Annexing to the statement of claim the CPI tables published on TÜİK’s official website in support of the allegation of inflation is a practical step that makes it easier for the court to assess the request. Since those tables show both monthly and annual rates of change, it needs to be stated clearly which period is being taken as the basis.
Where the person liable to pay maintenance is self-employed or their income is undeclared, establishing that income may become more complicated. In files of this kind the court may also have recourse to indirect evidence showing the liable person’s standard of living, the vehicles and immovable property they own and their spending habits. For this reason, not confining matters to official proof of income but also placing information about the standard of living before the court may contribute to establishing the true level of income.
What Happens If Maintenance Is Not Paid?
The maintenance creditor may commence enforcement proceedings (icra takibi) in respect of unpaid maintenance. A separate process of coercive imprisonment (tazyik hapsi) may also be pursued within the framework of enforcement law against a liable person who does not pay a maintenance debt; this is a mechanism distinct from the compulsory enforcement of the maintenance debt.
While a maintenance increase action is pending, payments must continue to be made regularly at the old amount; a request for an increase does not on its own suspend the existing obligation to pay. The new amount applies only after the court’s decision becomes final, or from the date stated in the decision.
A maintenance increase action and the recovery of a maintenance claim through enforcement are processes independent of one another. Even if a new amount is fixed as a result of the increase action, if the liable person fails to pay even the old amount the creditor must additionally commence enforcement proceedings.
Fees and Costs in a Maintenance Increase Action
A maintenance increase action is subject to an ad valorem fee calculated on the difference represented by the increase sought. For 2026 the ad valorem fee rate is 68,31 per thousand, one quarter of that amount being paid in advance when the action is brought, while the remainder is collected at the end of the proceedings according to the amount awarded.
Besides the fee, an expense advance (gider avansı) varying from file to file is also deposited; this advance covers the costs of service of process and, where there is one, of an expert examination. In maintenance actions, a request for exemption from fees or for legal aid may additionally be assessed according to the party’s economic situation. The legislation on which the current amounts of the fee and the expense advance are based can be consulted by reaching the full text of the Turkish Civil Code on mevzuat.gov.tr.
Is an Increase in Maintenance Sought by Protocol or by Action?
If the method of increasing maintenance has already been fixed in an uncontested divorce protocol (anlaşmalı boşanma protokolü) drawn up between the parties, the increase is applied automatically each year according to the index written into the protocol and there is no need to bring a separate action. If no method of increase has been fixed in the protocol, an increase can be sought only by way of an action.
The parties may also change the amount of maintenance by agreement between themselves before bringing an action; in order for such an agreement to become enforceable, however, it is generally preferred that a notarised document be drawn up or that the agreement be converted into a court decision. Since oral agreements may give rise to problems of proof later on, it is recommended that they be put into writing.
Common Mistakes in Maintenance Increase Cases
One of the mistakes most frequently encountered in maintenance increase actions is setting the rate of increase sought at a high level without basing it on any concrete data. This may lead the court to accept the request in part or to call for further evidence.
Another mistake is including in the statement of claim no more than the expression “the cost of living” without annexing current CPI figures or a table of income and expenditure. Requests not supported by concrete numerical data may be assessed more cautiously by the court. In addition, making a request for an increase during a period when the income of the person liable to pay maintenance has fallen may heighten the risk of the action being dismissed.
Another common mistake is bringing the action in the wrong court. Bringing the action according to the old address although the maintenance creditor’s place of residence has changed may result in an objection of lack of jurisdiction and in a loss of time because the file has to be sent to the court with jurisdiction. It is recommended that the current place of residence, and the family court with jurisdiction that follows from it, be correctly established before the action is brought.
Appeal Against a Decision on an Increase in Maintenance
Each of the parties may lodge an appeal (istinaf) against the decision given in a maintenance increase action within the statutory period. The appeal period begins to run from the service of the reasoned decision (gerekçeli karar).
On appeal, the regional court of appeal (bölge adliye mahkemesi) re-examines the first instance court’s CPI calculation, its assessment of the parties’ income position and whether the amount of increase awarded accords with equity. The submission of new evidence at this stage is subject to the rules governing appeal procedure and may not always be possible.
Can a Maintenance Increase Action and a Divorce Action Be Heard at the Same Time?
A maintenance increase action is, as a rule, brought after a divorce decision has become final, because the “earlier amount of maintenance” on which the request for an increase rests can only have been fixed by a final decision or by an approved protocol. While a divorce action is still pending, the parties may object within the proceedings to the amount of interim maintenance; this, however, is not a separate maintenance increase action.
If, after the divorce action has concluded and the maintenance has become final, there is a change in circumstances, a separate increase action based on TMK m. 176/4 may then be brought. Not confusing the two processes matters for choosing the correct type of action.
A maintenance increase action generally arises in contested proceedings; for a strategy on gathering evidence you may look at our article headed evidence in a contested divorce, and, as regards the division of property, at our article on the liquidation of the matrimonial property regime and the participation claim. You can follow the CPI figures on TÜİK’s official site and the text of the relevant law on the TBMM legislation page.
Together with a request to increase maintenance, the arrangements for custody often also come up; on that subject you may take a look at our article dealing with the principle of the best interests of the child in custody. Where the increased amount of maintenance awarded is not paid on time, our article on statutory interest and default interest may be of use in relation to the interest that will accrue.
What Will the Other Side Do?
In maintenance increase actions the party liable to pay also has a defence strategy; knowing that strategy in advance clarifies which evidence needs to be gathered.
The defence that there has been no substantial change. The liable party may argue that no significant change has occurred in the parties’ economic conditions since maintenance was fixed. This allegation is met by setting out in concrete terms, with TÜİK’s current CPI figures, the increase in prices that has taken place since the date on which the first decision was given.
The defence that the capacity to pay has diminished. It may be argued that the liable person’s income has fallen, that they have lost their job or that they have taken on additional obligations. This defence is met with an SGK service record, bank account movements and, where appropriate, an investigation into assets.
The defence that the increase sought is excessive. It may be alleged that the rate sought is above inflation. In that case the reasonableness of the request is shown by the CPI rate and by comparable court decisions.
The defence that the creditor’s need has diminished. Objection may be taken on grounds such as the child having grown up or expenses having fallen. This allegation is met with a current list of expenses and with invoices or receipts.
The defence that the new decision cannot be applied retrospectively. The liable party may argue that the increase can be effective only from the date of the decision and that no retrospective difference can be sought. This allegation is assessed by correctly establishing the dates of the action and of the decision and by limiting the request accordingly.
Which defence comes to the fore varies according to the parties’ current financial position and the time that has passed since the first decision; for this reason it matters that evidence be gathered before the action is brought. Having compiled the income documents for the last year and the TÜİK figures before the action is brought makes it easier to anticipate which defence will be advanced and to go into the case prepared for it. To assess in advance which defence your file will meet, you can get in touch.
Frequently Asked Questions
Can a maintenance increase action be brought every year?
There is no such restriction in the law; the court does, however, examine in every case whether a substantial change in circumstances has occurred. In actions brought at very frequent intervals, whether that condition has been met is assessed more rigorously.
Can a retrospective difference be sought in a maintenance increase action?
A decision increasing maintenance generally takes effect from the date the action was brought. The scope of retrospective claims is assessed according to the content of the particular file and of the court’s decision.
Can the parties agree on an increase in maintenance without going to court?
Yes, the parties may change the amount of maintenance by agreement out of court; in order for that agreement to be enforceable, however, it is generally recommended that it be converted into a court decision or into a notarised document.
What happens if the income of the person liable to pay maintenance falls?
The person liable to pay maintenance may likewise bring an action for the reduction of maintenance under TMK m. 176/4. The court may redetermine the amount of maintenance by examining the change in the liable person’s economic situation.
Does child maintenance end automatically when the child turns 18?
Child maintenance ends, as a rule, when the child attains majority; if the child is continuing in education, however, whether the maintenance turns into support maintenance (yardım nafakası) or continues is assessed separately.
How long does a maintenance increase action take?
The duration varies according to the court’s workload, the speed with which the parties submit evidence and, if one is needed, an expert examination. While straightforward files may conclude within a few months, files requiring a contested determination of income may take longer.
What can be done if the other side conceals their income in a maintenance increase action?
The court may of its own motion request information and documents from the relevant institutions (SGK, the tax office, banks). In addition, an attempt may be made to establish the other side’s true income position through witness statements or an expert examination.
Table of Periods
| Period | How long | Starting point |
|---|---|---|
| Appeal against a decision on an increase in maintenance | 2 weeks | From service of the reasoned decision |
Sources
Related Articles
- Uncontested Divorce in İzmir: Protocol, Hearing and Procedure (2026)
- Evidence in a Contested Divorce: What Can Be Used, What Is Unlawful?
- How Are the Liquidation of the Matrimonial Property Regime and the Participation Claim Calculated?
- The Best Interests of the Child in Custody: What Does the Court Look At?
- Statutory Interest, Default Interest and Advance Interest: The Differences
- The Period for Renouncing an Inheritance: Procedure and the Case of an Indebted Deceased
- Reserved Share and the Action for Abatement: How Is an Heir’s Right Protected?
This article is for general information purposes and does not take the place of legal advice. Your particular situation requires a separate assessment of your file. This article has been prepared on the basis of the legislation in force as at 17.09.2026.
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