Many parents and young adults in Westland are unaware of the maintenance obligation for children aged 18 to 21 years. Despite reaching majority at 18 years, the parents' obligation does not end immediately. This article discusses conditions, rights and obligations regarding maintenance contributions for young adults in the region.
What does the maintenance obligation 18-21 years entail?
The maintenance obligation 18-21 years is laid down in Article 1:395a of the Dutch Civil Code. Parents must contribute to the living expenses and study of adult children up to 21 years of age.
This obligation applies to married, divorced parents or unmarried parents, including adoptive and acknowledging parents up to 21 years.
Legal basis: Article 1:395a DCC
Article 1:395a DCC provides that parents owe maintenance until 21 years, if the child has a need and the parents have the capacity to pay. No difference between 18-21 and younger.
Conditions for maintenance obligation 18-21 years
Three conditions for entitlement to contribution:
1. Age 18 to 21 years
Applies only between 18 and 21 years. At 21 years, it ends automatically, except in case of special agreements or circumstances.
2. Need for maintenance
The child must demonstrate a genuine need, unable to provide for itself. Assessment based on:
- Living costs (food, clothing, housing)
- Study expenses (money, books, materials)
- Care and insurance
- Own income (job, DUO loan)
- Child's assets
Part-time job or DUO loan does not always eliminate the need; the overall situation is considered.
3. Parents' capacity to pay
Parents pay according to their means. Capacity to pay calculated on:
- Net income
- Assets and property
- Fixed expenses and other obligations
- New family
- Housing costs
No capacity to pay? Contribution lower or zero.
Study and maintenance obligation
Must the child study to qualify for maintenance? The answer is nuanced.
Study obligation?
No legal study obligation after 18. But working or not studying while possible, may reduce the need. The court assesses self-sufficiency.
Appropriate studies?
Regular education qualifies:
- MBO
- HBO-bachelor
- WO-bachelor
- Full-time/part-time
Must be pursued seriously. Poor progress or dropping out without reason? Contribution suspended.
Amount of maintenance contribution
No standard amount; case-dependent. Guidelines:
Calculations
Courts use Nibud or Tremanorms for young adults.
| Cost item | Average p/m |
|---|---|
| Living expenses (food, clothing) | €200-€350 |
| Study (excl. tuition fees) | €50-€150 |
| Health insurance | €120-€150 |
| Pocket money/other | €100-€250 |
For Westland: Consult the District Court of The Hague (district) or Juridisch Loket Westland for local advice.