In Westland, maintenance can be adjusted in case of significant changes in circumstances. Both the payer and the recipient can submit a request for modification.
Reasons for Adjustment
A modification of maintenance is possible in the following situations:
- Change in income: Such as dismissal, a new position or disability for work
- Relationship status: In case of cohabitation or a new marriage
- Change in living expenses: Due to a move
- Children: When a child reaches the age of majority or gets a job
- Health problems: Illness that affects work or care needs
Step-by-Step Plan for Modification
| Step | Description |
|---|---|
| 1 | First try to reach an agreement together |
| 2 | Put new agreements in writing |
| 3 | No agreement? Submit a request via a lawyer |
| 4 | The District Court of The Hague assesses the request |
Start Date of the Modification
The judge determines when the adjustment takes effect. This can be:
- The date of filing the request (most common)
- The date on which the situation changed
- The date of the judgment
Retroactive Effect
A reduction with retroactive effect is often difficult if the money has already been spent. The judge considers the reasonableness of repayment. In case of an increase, retroactive effect is more frequently applied.
Annual Indexation
Every year on 1 January, maintenance is automatically adjusted based on the statutory indexation percentage. This is not a modification, but a standard correction based on wage and price increases.
Can I adjust maintenance myself in case of income reduction?
No, you may not pay less without consultation or a court decision. The original obligation remains in force until there is a new agreement or judgment. Otherwise, the recipient can still claim the difference.What if my ex-partner starts cohabiting?
In case of cohabitation as if married, partner maintenance ends permanently (according to the law). You must prove this. Note: child maintenance remains unaffected.How long does a modification procedure take?
On average, a procedure takes 3 to 6 months. In urgent cases, you can request an interim measure from the District Court of The Hague, with a temporary decision within a few weeks.Contact and Assistance in Westland
For legal advice, you can go to the Juridisch Loket Westland. Procedures are handled by the District Court of The Hague.