Foreign Maintenance Judgment

Why Does the Type of Maintenance Matter?

International conventions may have different scopes for child maintenance, spousal or former spousal maintenance and other family maintenance. The creditor's and debtor's countries of residence, the judgment's date, the relevant person's age and the periods claimed are examined together. Where a framework such as the 2007 Hague Child Support Convention applies, its application, recognition and enforcement system is considered; this does not mean that an identical route exists for every country and every type of maintenance.

What Is the Difference between Recognition and Collection?

Recognition of divorce for civil status purposes or its entry in the civil register does not replace collection of a maintenance award. The conditions under the relevant convention or MÖHUK are checked before a foreign judgment can be compulsorily enforced in Türkiye. Where only part of the judgment concerns maintenance, the assessment may focus on that operative part. Reopening the merits of the foreign proceedings is distinct from objecting to the recognition and enforcement requirements.

Which Documents and Calculations Are Needed?

A complete copy of the judgment, its finality or enforceability status, proper notification records and the necessary translations and certifications are prepared. A separate schedule shows the amounts payable for each month and provisions on increases, interest and currency. Partial payments and claimed credits are not concealed from the calculation. Whether the same period has already been collected in another country also matters.

How Are the Application and Collection Stages Arranged?

Where within scope, application through a Central Authority is compared with direct court applications. Documentation and translation requirements may differ according to the procedure used. Pursuing a judgment recognised or made enforceable in Türkiye is a separate stage. Information on the debtor's income and assets supports lawful investigation and a collection plan; possession of a judgment does not guarantee recovery.