Calculating maintenance is a complex process based on national standards. This takes into account both the financial needs of the recipient and the payment capacity of the payer.
Trema Standards for Maintenance
Courts apply the Trema standards, also known as the Maintenance Standards Report, for a consistent calculation. These standards are revised annually by the Expert Group on Maintenance Standards.
Process for Spousal Maintenance Calculation
| Step | Description |
|---|---|
| 1 | Determining the marriage-related needs (60% of net family income) |
| 2 | Deducting the recipient party's own income |
| 3 | Determining the paying party's capacity to pay |
| 4 | The maintenance amount is the lowest of the needs or capacity to pay |
Factors in Determining Capacity to Pay
When determining capacity to pay, the following are considered:
- Net income (salary, benefits, business profits)
- Income-free of capacity to pay (social assistance level + housing costs)
- Acceptable expenses (such as healthcare costs, transport, debt repayment)
- Obligations within a new family
Determining Child Maintenance
- Determine the child's costs based on Nibud guidelines
- Reduce this amount by the child-related budget
- Divide the remaining costs based on both parents' capacity to pay
- Account for care discount for the parent providing less care
Online Tools for Maintenance
Various websites offer tools for an initial estimate:
- Nibud tool for maintenance calculation
- Calculator on Rechtspraak.nl
- Calculation aid on Alimentatie.nl
Note: these tools provide an estimate; the final calculation always depends on specific circumstances.
Special Situations
| Circumstance | Effect on Calculation |
|---|---|
| Entrepreneur/Sole Trader | Average profit over 3 years is used |
| Fluctuating income | Calculation based on average or standardised income |
| Extra income (bonus, 13th month) | Is included as part of income |
| New relationship | May affect increase in capacity to pay |
Can I calculate maintenance myself?
With online tools, you can make a rough estimate, but expertise is needed for a precise calculation. A lawyer or mediator in Westland can prepare a calculation that is legally enforceable at the District Court of The Hague.What if my ex-partner hides income?
The court can order your ex to provide financial records. If refused, an estimated income may be assumed. You can also request information from the Tax Authorities or the employer.Is holiday pay included in the calculation?
Yes, holiday pay, end-of-year payments and fixed bonuses are included in income. This total amount is divided over 12 months for the calculation.Frequently Asked Questions about Maintenance in Westland
How is spousal maintenance determined using the Trema standards?
The calculation proceeds in four phases: first, the marriage-related needs are determined (60% of net family income). Then, the recipient's own income is deducted. Next, the payer's capacity to pay is determined, taking into account income, expenses and new obligations. The final amount is the minimum of needs or capacity to pay. Contact the Juridisch Loket Westland for advice.
Which income counts towards capacity to pay?
All forms of income are included, such as salary, benefits, business profits, holiday pay and bonuses. These are converted to a monthly amount. Income from assets may also be included. After deducting income-free of capacity to pay (social assistance norm + housing costs) and reasonable expenses, the capacity to pay remains.
How does child maintenance work and what is care discount?
The child's costs are determined via Nibud tables, after which the child-related budget is deducted. The remaining costs are divided according to the parents' capacity to pay. Care discount reduces the contribution of the non-caring parent when they have greater care responsibility, for example in co-parenting.
Can maintenance be adjusted for changes?
Yes, in case of changed circumstances such as income reduction, unemployment or a new family situation, maintenance can be reviewed. For this, you must file a request with the District Court of The Hague. A mediator or lawyer in Westland can assist you.