In principle, the amount is the same as child maintenance for minor children. From the moment the child turns 18, however, the contribution is no longer paid to the former partner but directly to the (adult) child. The maintenance contribution for young adult children can also be adjusted to reflect the needs of the (studying) young adult child. The level of the contribution is then determined by the study costs, any other living expenses (such as housing, food, etc.), and the parents’ ability to pay. Parents can make arrangements about this with the child, or the court may play a role in determining the contribution.
Interim relief proceedings
In divorce cases, one of the spouses may start interim relief proceedings (voorlopige voorzieningenprocedure). In these proceedings, the court can be asked to take short-term decisions that apply for the duration of the divorce proceedings. The applications that can be made in interim relief proceedings are exhaustively listed in Article 822(1) of the Dutch Code of Civil Procedure (Rv). The court will not decide on applications that are not included in this list.
Article 822(1) Rv does not mention the possibility of requesting a contribution for a young adult child. This is despite the fact that a young adult child may need financial support during the divorce proceedings. The Supreme Court confirmed, in response to preliminary questions from the Rotterdam District Court, that it is not possible to obtain a decision on a maintenance contribution for young adult children in interim relief proceedings. Interim relief proceedings only concern provisions between the spouses. Maintenance for a young adult child is an obligation between a parent and the child, and therefore does not fall within provisions between spouses.
Divorce proceedings
Finally, I note that an application for a maintenance contribution for a young adult child can be dealt with together with the other applications in the divorce proceedings. It makes no difference whether the young adult child submits the application personally or whether it is submitted by a parent authorised to do so under Article 1:395a of the Dutch Civil Code.
More information
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