Parents are obliged to look after their children financially in all situations, including after divorce. You can ask advice from GMW lawyers about child maintenance (also known as child support).
How is child maintenance calculated?
Child maintenance is determined on the basis of the needs of the child on the one hand, and the parents’ capacity to pay, on the other. The legal authorities use guidelines known as the Trema standard to calculate both. First, the child’s needs are calculated. The need is standardised in the “Nibud tables”. Then the financial capacity of the parents to pay is calculated on the basis of the so-called “Tables for the capacity to pay”. Despite all sorts of standards, calculating the amount is always an individual matter. We have a great deal of experience in this.
How long is child maintenance paid?
In principle, child maintenance continues until your child is able to earn their own living. The amount is not influenced by any extra jobs that your child, until they turn 18. The income of a child of aged 18 or old can, in some cases, influence the sum. For children aged 21 and over, the law provides that, in principle, the parents no longer have to provide a contribution, but this may be different if a child cannot look after themselves. If you have any questions about this, we can supply the answers.
Can child maintenance be changed?
In many cases it is possible to change child maintenance agreement. Once the amount for children has been agreed or determined by the court, it can be changed if your financial situation or the family situation changes. If the maintenance for children has been determined on the basis of incorrect information, a change may also sometimes be possible. Whether the maintenance will actually be changed depends on the facts and circumstances of your situation. The experts at GMW lawyers can support you, even if proceedings have to be initiated.
Who has an obligation to pay?
In some cases people other than the parents also have an obligation to support the child, for example, a stepparent. On the other hand, a parent who is obliged to pay may also have children from other relationships whom they obliged to support. In these usually rather complicated situations, GMW lawyers can determine the support for the children.
Is child maintenance tax deductible?
The recipient is not taxed on child maintenance. It is not tax deductible, just as partner alimony is not tax deductible, because the exceptional deduction of these costs expired on 1 January 2015. There are usually different tax rules for expats and for people obliged to pay alimony who live abroad. Our specialists have all the financial expertise to support you in your specific situation.
Learn more about child maintenance
If you would like to know more about child maintenance, or you have a question about how this applies to your specific situation, please contact us.
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