15 July 2024
When parents of a child end their relationship, they must make arrangements regarding the division of the costs of care and upbringing of their child. Parents are generally free to determine these arrangements themselves. However, the principle is that a child should not suffer any financial disadvantage following the end of their parents' relationship.
Recently, the District Court of Midden-Nederland made a ruling regarding the permissibility and feasibility of using a child account instead of paying a sum for child support. This blog delves into the distinction between child support and a child account, as well as the possibility of enforcing child support.
A child account and child support are both financial arrangements related to the costs of raising and caring for a child, but there are some key differences between the two concepts.
A child account is a specific account where parents deposit money to contribute to the costs of caring for and raising their child. The funds in the child account are (potentially) used by both parents for expenses such as clothing, food, education, medical care, and other needs of the child. Parents can agree on how much they contribute and how they divide the costs.
Child support is a financial contribution that one parent pays to the other parent of the child after a divorce or relationship termination. The purpose of child support is for parents to jointly, in proportion to their financial means, contribute to the costs of caring for and raising their child. The parent paying child support is not obligated to cover any additional costs for the child. Once child support is paid, all costs for the child fall to the parent receiving the child support.
In summary, a child account is a specific account where parents deposit money for the direct expenses of the child, while child support is a financial contribution (potentially determined by the court) from one parent to the other parent for the maintenance of a child.
After ending their relationship, parents can jointly choose between a child account or a sum of child support to be paid by one parent to the other. It is important to note that parents can only opt for a child account if both parents agree to it. If this is not the case and one of the parents prefers a (formally) established child support, then one parent must pay a sum for child support to the other parent. This principle was recently confirmed by the District Court of Midden-Nederland.
In the ruling of the District Court of Midden-Nederland on April 4, 2024 (ECLI:NL:RBMNE:2024:2036), the court emphasized that it is not possible to enforce contributions to a child account if one of the parents no longer wishes to cooperate. In this case, the father wanted to maintain the child account in the context of equal parenting. However, due to the conflict over the child account between the parents, the court reverted to the legal framework whereby the father pays child support to the mother.
The ruling reflects the principle that parents are jointly responsible for the costs associated with raising and caring for their child. It is desirable for parents to reach agreements through mutual discussions on how they will financially contribute to these costs. However, if one parent refuses to contribute to the child’s expenses, it can lead to conflicts.
There is no specific legal basis that obligates parents to contribute to a child account. Without a clear legal obligation, a contribution to a child account cannot be legally enforced. This can be done in the case of child support, as the obligation to pay child support is enshrined in law. Additionally, the amount of support per child can be assessed according to legal standards. In conclusion, child support, unlike a contribution to a child account, can be legally enforced.
Would you like more information on child maintenance or do you have other legal inquiries? Please contact us for advice.
