Divorce is complicated enough on its own. But when both former partners go on to form new relationships and have children in those new households, the question of who pays for which child becomes considerably more complex. In blended families, several people may simultaneously owe a maintenance obligation towards different children. How does a court divide that financial burden? And what does it mean in practice for your wallet?

This article explains how child maintenance works in blended families, who – besides the biological parent – may be legally obliged to contribute, and how the court distributes the available financial capacity when multiple obligors are involved.

Who Is Legally Obliged to Maintain a Child?

The law places the primary responsibility for the costs of care and upbringing with the parents. That sounds straightforward, but ‘parent’ has a broader meaning in law than just the biological or legal parent. Under Article 1:404 of the Dutch Civil Code, both parents are obliged to contribute to the costs of their children’s care and upbringing in proportion to their financial capacity. That obligation continues until the child turns 21.

Stepparents can also become liable for maintenance. Article 1:395 of the Dutch Civil Code provides that a person who cohabits with a parent and participates in raising that parent’s child is obliged to contribute to the child’s maintenance during the period of cohabitation. That obligation generally ends when the relationship with the parent breaks down. Where someone jointly exercises parental authority with the parent, the maintenance obligation extends until the child reaches the age of 21 (Article 1:253w Civil Code)

In the reality of blended families, this can mean that a child has multiple obligors simultaneously: the biological father, the biological mother, and the stepparent living with the caring parent. Each of them contributes in proportion to their means, and that gives rise to a calculation problem that regularly generates courtroom disputes.

How Is Financial Capacity Distributed?

The Proportionality Principle

Where multiple persons owe a maintenance obligation towards the same or different children, Article 6:10 of the Dutch Civil Code provides that each contributes in proportion to their share. Translated to child maintenance: the available financial capacity is divided among all children in proportion to their individual needs. If you have three children – two from your first marriage and one from your current relationship – each child has an equal claim to a share of your capacity.

The Supreme Court of the Netherlands confirms this as the starting point, stating that available financial capacity is in principle divided equally among all children from different relationships, unless special circumstances justify a different distribution (ECLI:NL:PHR:2026:112; ECLI:NL:HR:2023:1480). Any claimed special circumstances must be substantiated concretely.

The Proportional Division Method in Practice

Courts in blended family cases increasingly apply the so-called proportional division method. Under this approach, the need of each child is first established. The combined incomes of all obligors are then totalled and the costs are divided proportionally. The court looks not only at the incomes of the biological parents but also at those of any stepparents who are legally obliged to contribute (ECLI:NL:RBGEL:2025:10842; ECLI:NL:GHAMS:2025:2989)

If the financial data of one obligor are unavailable – because a former partner refuses to cooperate or fails to disclose information – the court may estimate or apply a standard distribution. The absence of data is not a free pass.

What If Your New Partner Also Has Children?

Blended families are rarely simple. It is common for both new partners to bring children from previous relationships and to have children together as well. In such situations the financial capacity calculation can grow into a puzzle with many variables. Each child has its own need, each parent their own capacity, and the court must balance all of that.

Case law shows that courts in such cases include all relevant obligors and their incomes in the calculation (ECLI:NL:RBDHA:2025:26691). The system is designed to ensure equal treatment of children from earlier and newer relationships. A child must not be worse off because their parent has built a new family.

When Can Child Maintenance Be Adjusted?

Child maintenance is not set in stone. The law allows a court-ordered amount to be modified or withdrawn when circumstances change. This may involve a change of income, an altered care arrangement, or the arrival of new children who also make claims on the obligor’s financial capacity.

Under Article 1:401 of the Dutch Civil Code, a court order on child maintenance can be modified if a change of circumstances means it no longer satisfies the legal standards. The threshold is a ‘relevant’ change: not every minor income fluctuation justifies proceedings. The court also has discretion when determining the effective date of any adjustment and will be cautious where the parties have lived under the existing arrangement for a long time.

The statutory annual indexation of child maintenance applies from 1 January following the ruling and cannot be applied retroactively (ECLI:NL:HR:2025:1165)

When Does the Obligation End?

The maintenance obligation ends by operation of law when the child turns 21. For children under 18 it may end earlier if the child has sufficient income of their own to cover their needs. After the age of 18 the adult child may apply to the court themselves if their parents do not contribute voluntarily.

The limitation period for the enforcement of child maintenance is notable: under Article 1:408 of the Dutch Civil Code, enforcement may be discontinued if no enforcement has taken place within ten years after the child has reached the age of 21. This means that arrears of child maintenance can in principle still be recovered up to ten years after the child’s 21st birthday.

Practical Guidance

If you find yourself in a dispute about child maintenance in a blended family, the starting point is to ensure that all relevant financial data are available: your income, that of your former partner, and – where applicable – that of your new partner and any maintenance obligations they carry towards other children. The more transparent the financial picture, the more reliable the calculation.

If you cannot reach an agreement, you can apply to the court for the establishment or modification of child maintenance (Article 1:406 Civil Code). Consider mediation as well: in blended families, a durable and mutually agreed solution is often worth more than a court order that keeps the parties in opposition.

Do you have questions about your sithation?

Do you have questions about child maintenance in your specific family situation, or do you want to understand your rights and obligations in a blended family? The family law attorneys at Law & More are here to help. Get in touch at lawandmore.nl.

Relevant legislation: Article 1:395 • Article 1:404 • Article 1:253w • Article 1:401 • Article 1:406 • Article 1:408 • Article 6:10 Dutch Civil Code