Private | Child and spouse maintenance

Child and spousal maintenance

One of the parties involved in a divorce will usually end up better off financially than the other one. The party having the lesser financial capacity can ask for maintenance. Contact GMW Advocaten to find out more about the duration of the various maintenance obligations and the methods used to calculate maintenance amounts.
The legislator distinguishes between child maintenance and spousal maintenance. In both cases an exact overview of the financial capacities of all parties involved is required in order to grant maintenance to the party having the lesser financial capacity.
Judges in family courts have ample room for manoeuvre when granting maintenance. The judiciary has developed its own guidelines – the so-called ‘tremanormen’  to be used for maintenance calculations.

Child maintenance

The average needs of children are standardised in certain tables that are attached to the ‘tremanormen’. Some divergences from these tables are possible in the case of children highly gifted in sports or handicapped children having special needs. Children requiring extensive childcare can be granted higher maintenance, as well. Spousal maintenance is calculated on the basis of his or her standard of living during the marriage.
The amount of maintenance granted is limited by the financial capacity of the person liable to pay maintenance. These calculations follow certain standardised guidelines, as well, with an eye towards the future circumstances of the person liable to pay maintenance. Future housing costs and living circumstances will be taken into account; the amount of child maintenance granted will have a direct impact on the capacity to pay spousal maintenance.

Duration of maintenance obligations

Except for very brief marriages with no children involved there is a standard duration of twelve years for spousal maintenance obligations. Different rules apply to maintenance granted before 1994. Child maintenance is meant to support a child until he or she can tend for himself or herself. Consult GMW Advocaten for an estimate calculation of child or spousal maintenance. They can also be instrumental in obtaining maintenance, be it via mediation or court proceedings. The family lawyers at GMW Advocaten can also advise on provisions to be taken in the case of decease of the person liable to pay maintenance.

Information

Please contact Antoine de Werd for more information on the subject.