Child support concerns the financial support for the upbringing and care of children after a divorce. Both parents have the obligation to contribute to these costs according to their ability.
Legal Responsibility
According to the law, parents must provide for the costs of upbringing and care of their minor children. This obligation continues after a divorce. The support is usually paid until the child reaches the age of 21.
Age and Maintenance Obligation
| Age of the Child | Obligation to Maintain |
|---|---|
| 0 to 18 years | Full responsibility of parents |
| 18 to 21 years | Obligation for living expenses and study costs |
| 21 years and older | No legal obligation anymore |
Step-by-Step Plan for Calculating Support
The calculation of child support takes place in several steps:
- Determine the child's needs: Based on Nibud guidelines and family income
- Deduct child-related budget: This reduces the total need
- Determine parents' financial capacity: What can each parent contribute?
- Allocate costs according to capacity: Proportional division of costs
- Apply care discount: Reduction for the non-primary caregiver
Nibud Guidelines
The costs for children are estimated using Nibud tables:
| Net Monthly Family Income | Costs Child 0-5 years | Costs Child 12-17 years |
|---|---|---|
| € 2,500 | approximately € 400 | approximately € 550 |
| € 4,000 | approximately € 550 | approximately € 750 |
| € 6,000 | approximately € 700 | approximately € 950 |
Care Discount Arrangement
The parent with whom the child does not primarily reside receives a care discount on the support for the time the child is with him/her:
| Stay Duration per Week | Care Discount Percentage |
|---|---|
| 1 day | 15% |
| 2 days | 25% |
| 3 days (co-parenting) | 35% |
When does child support end?
The obligation to pay child support normally ends when the child turns 21. It may end earlier if the child becomes financially independent through work. For studying children, the obligation often continues until 21.Must my ex spend the support specifically?
There is no legal obligation on how the support must be spent, but the money must benefit the child. In case of misuse, you can try to demand accountability through the court, although this is legally complex.Can the amount of child support be adjusted?
Yes, in case of changed circumstances, the support can be revised. This includes a change in income, the child's relocation, a different care arrangement or if the child starts working.Frequently Asked Questions about Child Support in Westland
How is the amount of child support determined?
The calculation includes five steps: determining the child's costs via Nibud standards, deducting child-related budget, determining both parents' capacity, allocating costs according to capacity, and applying care discount. For a precise calculation, consult a support calculator or seek legal advice from the Juridisch Loket Westland.
What to do if my ex does not pay the support?
In case of non-payment, you can enlist the help of the Landelijk Bureau Inning Onderhoudsbijdragen (LBIO) for attachment on income or assets. You can also apply for a writ of execution via the District Court of The Hague. In case of repeated non-payment, the court may impose sanctions. Contact the LBIO or a lawyer.
Can I stop paying if my child lives with me?
If the child moves in with you, the care arrangement changes and you can request an adjustment of the support. In a 50/50 co-parenting situation, the support may lapse. However, this must be legally documented via a mediator or lawyer to avoid problems.
How long do I pay support if my child is studying?
You are obliged to pay support until the child is 21, even during studies. Only if the child becomes fully self-supporting through work can the obligation end earlier. For full-time studies, the duty usually remains until 21. Always discuss changes with your ex-partner or via the District Court of The Hague.