Child maintenance in blended families: who pays what?

In a blended family, child maintenance is calculated by first establishing what each child needs and then dividing the financial capacity (draagkracht) of everyone who must contribute. Both legal parents always contribute, and a stepparent only does so while married to or in a registered partnership with the parent the child lives with; if capacity falls short, it is in principle divided equally between all children, unless there are special circumstances.

This article explains who must pay, how the court divides capacity between children from different relationships, and when an order can be changed or ends.

Who is legally obliged to maintain a child?

The legal parents are the primary obligors. Under Article 1:404 of the Dutch Civil Code (BW), parents must contribute to the costs of care and upbringing of their minor children in proportion to their means.

From the child’s 18th birthday, Article 1:395a BW obliges parents to pay for the living and study costs of their child until age 21. In that period, the young adult does not have to prove need.

When does a stepparent have to pay?

Under Article 1:395 BW, a stepparent must maintain the minor children of a spouse or registered partner who belong to the household, but only while that marriage or partnership lasts. An unmarried, unregistered partner owes nothing, however involved in raising the child.

A separate rule applies to a non-parent who has joint parental authority with the parent. Under Article 1:253w BW, that person owes maintenance and, once joint authority ends, keeps owing it for as long as the authority lasted, at most until the child turns 21. A child can therefore have several obligors at once.

How is financial capacity divided between children?

All children have an equal claim, whether they come from an earlier or a later relationship. If capacity is insufficient, the amount available is in principle divided equally between them.

No statutory article sets this rule; it follows from case law and the Trema guidelines (Rapport alimentatienormen) of the Dutch judiciary. On 27 October 2023 the Supreme Court (Hoge Raad) confirmed that limited capacity is in principle divided equally between children from different relationships, unless special circumstances such as a clear difference in need justify another split (ECLI:NL:HR:2023:1480). The party relying on a special circumstance must substantiate it.

How does the court calculate in practice?

The court determines the need of each child, then the capacity of each person who owes maintenance for that child, and divides the costs in proportion to that capacity. The capacity of a stepparent liable under Article 1:395 BW also counts.

There is no single prescribed calculation method. On 11 December 2025 the District Court of Gelderland worked out three methods for a blended family and, in the circumstances, chose the highest outcome (ECLI:NL:RBGEL:2025:10842). On 4 November 2025 the Court of Appeal of Amsterdam set different amounts for successive periods as the circumstances of the four children changed (ECLI:NL:GHAMS:2025:2989).

If one obligor does not provide financial details, the court can estimate the income. Refusing to disclose information therefore does not stop the court from deciding.

What if your new partner also has children?

Then every child has its own need and every parent their own capacity, and the court needs the complete picture before it calculates. The principle remains equal treatment: a child does not lose out because a parent started a new family, and a child in the new family does not rank behind older children.

Bring the income details of everyone involved, including your new partner’s income and any maintenance they pay for other children. Without that data, the court cannot apply Article 1:395 BW correctly.

When can child maintenance be changed?

A court order can be changed if circumstances have changed so that it no longer meets the statutory standards, under Article 1:401 BW. Typical reasons are a change in income, a new care arrangement or the birth of new children.

The change must be relevant; a small fluctuation in income is not enough. The court decides from which date the new amount applies and is cautious about going far back if the parties lived with the old arrangement for a long time.

Indexation is separate. Under Article 1:402a BW, all maintenance amounts rise each year on 1 January by a percentage set by the Minister of Justice and Security. This happens automatically; neither party has to ask for it.

When does the obligation end?

The obligation of parents ends by law when the child turns 21. The stepparent’s obligation ends earlier, when the marriage or registered partnership ends, and in any case when the child turns 18.

A young adult aged 18 to 21 can apply to the court in their own name if a parent does not pay. Unpaid instalments become time-barred five years after they fell due, under Article 3:308 BW, so do not let arrears build up. The National Maintenance Collection Agency (Landelijk Bureau Inning Onderhoudsbijdragen, LBIO) can collect arrears for you.

What should you check as the paying parent?

• Whether all children you owe maintenance to, from every relationship, are included in the calculation.
• Whether your new spouse or registered partner’s maintenance duty under Article 1:395 BW has been taken into account.
• Whether your current income figures, not old ones, are used.
• Whether a change in your situation is large enough to request modification under Article 1:401 BW.
• Whether the annual indexation on 1 January has been applied correctly.

What should you check as the receiving parent?

• Whether the child’s need has been established using the Trema guidelines.
• Whether the other parent has disclosed full income details, including those of a new spouse.
• Whether your own new spouse or registered partner contributes under Article 1:395 BW.
• Whether there are arrears, and whether any instalments are close to the five-year limitation period.
• Whether the LBIO can collect unpaid amounts for you.

What can we do for you with child maintenance in a blended family?

Our family lawyers handle maintenance cases for parents and stepparents in blended families.

• We calculate child maintenance for all children involved, using the Trema guidelines.
• We review an existing order and assess whether modification under Article 1:401 BW is possible.
• We file a petition to set maintenance under Article 1:406 BW, or defend you against one.
• We request the other parent’s financial details and check them.
• We guide both parents through mediation towards a written maintenance agreement.

Summary

• Both legal parents always contribute; a stepparent only while married to or in a registered partnership with the child’s parent.
• If capacity is insufficient, it is in principle divided equally between all children (Supreme Court, 27 October 2023).
• There is no single calculation method; courts choose the method that fits the facts.
• An order can be changed under Article 1:401 BW and is indexed every 1 January.
• The parents’ obligation ends at 21; unpaid instalments become time-barred after five years.

Frequently asked questions