Child maintenance in the Netherlands: how is it calculated?

In the Netherlands, both parents owe maintenance for their children, whether or not they were ever married and whoever holds parental authority. The obligation runs until the child turns 21: for minors under Article 1:404 of the Dutch Civil Code (BW), and from 18 to 21 for living and study costs under Article 1:395a BW; the main exception is that a parent with little or no capacity to pay may owe a very low amount or nothing.

The amount is calculated rather than negotiated. The starting point is the child’s need, derived from the parents’ combined net income during the relationship. That need is divided between the parents in proportion to their capacity to pay, and the parent who pays receives a care discount for the days the child spends with him or her. The amount is indexed every 1 January (Article 1:402a BW).

How is the child’s need determined?

The need is the cost of the child in the family as it was. It is read from a table in the standards of the judiciary’s expert group on maintenance (expertgroep alimentatienormen), the so-called Trema standards, based on the parents’ joint net income and the number of children.

Government benefits for the child are taken into account, such as the child budget (kindgebonden budget) paid by the Belastingdienst. Extra costs, for example for a child with a disability or for special education, can be added to the need if they are demonstrated.

How is each parent’s capacity to pay calculated?

Capacity to pay (draagkracht) is calculated from each parent’s current net disposable income, using a formula in the Trema standards that leaves each parent enough for his or her own living costs. The need is then split between the parents in proportion to their capacity.

The court looks at actual income, but can also take into account an income a parent could reasonably earn, for example after voluntarily giving up a job. Under Article 1:400 BW, maintenance for minor and young adult children takes priority over maintenance for an ex-partner.

What is the care discount?

The parent with whom the child does not principally live receives a care discount (zorgkorting): a percentage of the child’s need, deducted from what he or she pays. The percentage depends on the average number of days per week the child stays with that parent, as set out in the Trema standards.

With an equal co-parenting arrangement, the court uses a different calculation in which both parents bear the costs directly and the parent with the higher capacity pays a balancing amount. The care arrangement itself is recorded in the parenting plan (ouderschapsplan), which divorcing parents with minor children must submit to the court (Article 815 of the Code of Civil Procedure, Rv).

How is child maintenance laid down?

Parents can agree on child maintenance themselves, in the parenting plan or a separate agreement. In a divorce, the court includes the agreement in its decision; parents who were not married can have it laid down in a notarial deed or a court decision, so that it becomes enforceable.

If parents cannot agree, one of them files a request with the family section of the district court (rechtbank) through a lawyer. The court calculates the amount using the Trema standards and sets the start date.

When can child maintenance be changed?

Under Article 1:401(1) BW, a court decision or agreement can be changed when circumstances have changed so that it no longer meets the statutory standards. Under Article 1:401(4) BW, it can also be changed if it was based on incorrect or incomplete information from the start.

Typical changes are a substantial increase or decrease in income, a new partner or a new child, or a shift in the care arrangement. The court decides case by case whether the change is substantial enough. File the request promptly, because the court can set the change from the date of the request.

What happens if maintenance is not paid?

The National Maintenance Collection Agency (LBIO, Landelijk Bureau Inning Onderhoudsbijdragen) can collect arrears from the paying parent, for example by garnishing wages. For the receiving parent, collection within the Netherlands costs nothing; the paying parent owes a surcharge on top of the arrears.

LBIO needs an enforceable title, such as a court decision or a notarial deed; an informal agreement between parents is not enough. LBIO also handles collection from a parent who lives abroad, under EU Regulation 4/2009 and the 2007 Hague Maintenance Convention.

What should you check as the receiving parent?

Most mistakes are made in the income figures. Check:

• whether the joint net income during the relationship, which sets the child’s need, is complete;
• whether the other parent’s current income, including bonuses and holiday allowance, is documented with payslips and the latest tax return;
• whether the child budget and other benefits are correctly included;
• whether extra costs, such as childcare or medical costs, are listed with evidence;
• whether the agreement is laid down in an enforceable title, so LBIO can collect if payments stop.

What should you check as the paying parent?

Your capacity to pay and the care discount determine what you owe. Check:

• whether your capacity to pay is based on your current net income and fixed costs;
• whether the care discount matches the actual number of days the child stays with you;
• whether obligations to a new child of your own have been taken into account;
• whether you ask for a change under Article 1:401 BW as soon as your income drops;
• whether you keep paying in the meantime, because arrears can be collected by LBIO with a surcharge.

What can we do for you with child maintenance?

Our family lawyers assist parents in the Netherlands and abroad, in English and Dutch. We can:

• calculate child maintenance using the Trema standards, including need, capacity to pay and care discount;
• draft or review the parenting plan and the maintenance agreement;
• file a request with the district court to set or change child maintenance under Article 1:401 BW;
• defend you against a request from the other parent and check the income figures used;
• advise on collection through LBIO, including from a parent who lives abroad.

Summary

• Both parents owe maintenance until the child turns 21 (Articles 1:404 and 1:395a BW).
• The amount follows the child’s need, each parent’s capacity to pay and the care discount, under the Trema standards.
• The amount is indexed every 1 January and can be changed when circumstances change (Article 1:401 BW).
• LBIO collects unpaid maintenance on the basis of a court decision or notarial deed.

Frequently asked questions