In brief
Modifying alimony is a legal procedure in which an existing maintenance obligation is reviewed on the grounds of changed circumstances.
- A modification is possible if income, the division of care, or the family situation has changed significantly.
- Both partner alimony and child alimony can be adjusted through consultation, mediation, or court proceedings.
- The court assesses whether there is a sufficiently significant change in circumstances.
- Depending on the circumstances, a revision may be granted retroactively from the date of the petition.
- In international situations, the jurisdiction of the court and the applicable law also play a role.
An alimony lawyer guides you through the legal assessment of your situation. You can read more about the general rules regarding alimony on the page alimony upon divorce. Do you already have an ongoing procedure or arrangement through another lawyer? Request a second opinion. For an initial orientation, you can also schedule an advisory meeting.
Explanation and legal frameworks
In the Netherlands, alimony is regulated in Book 1 of the Civil Code.
A modification is only possible if circumstances have changed “significantly” since the last order or agreement. The court often assesses whether that change is structural and affects the financial capacity or need.
Depending on the circumstances, recalculation can take place via:
- Consultation or mediation – parties adjust agreements in consultation
- A lawyer-led procedure – if there is no agreement
- Petition to the court – in case of a modification of a court ruling
In international situations, the question of which court has jurisdiction and which law applies (Brussels II-ter) also plays a role.
Changing spousal maintenance
A modification of partner alimony often arises in the case of:
- an increase or decrease in income of one of the former partners
- cohabitation or remarriage of the maintenance creditor
- reaching the maximum term (usually twelve years)
The court assesses whether the modification is reasonable and whether it fits the legal standards of need and financial capacity.
Changing child support
With child alimony, the best interests of the child are central.
A modification is possible if:
- the division of care or visitation arrangement changes
- the income of (one of) the parents changes
- the costs of living or childcare change
In many cases, the court looks at current standards (Trema standards) to determine a balanced contribution.
Procedural steps for a modification request
1. Consultation or recalculation
Parties can have a new calculation made together – whether or not with a lawyer or mediator.
2. Legal review
When an order already exists, the modification must be submitted to the court if no agreement is reached.
3. Legal proceedings
The lawyer submits a petition for modification of alimony. The other party is given the opportunity to file a defense. The court then assesses whether there is a sufficiently significant change.
4. Order and execution
The ruling applies from a fixed date; this is often the date the petition was filed.
What are the costs of a procedure to modify alimony?
The costs consist of legal fees and court fees. Depending on the circumstances, legal aid (toevoeging) may be applied for. In many cases, consultation or mediation is cheaper than a court procedure.
Scenarios
Consultation
Many former partners choose consultation or mediation to adjust alimony without a procedure. This can be done quickly and prevents unnecessary tension.
Mediation
A mediator guides the conversation and helps parties reach a balanced solution. The agreements are recorded in a new covenant or parenting plan.
Legal proceedings
If consultation is unsuccessful, a lawyer can submit a petition for modification on your behalf. The court assesses the changed circumstances and, if necessary, determines a new contribution.
International
In international situations, such as living in different countries or income from abroad, foreign or European law may apply. The lawyers at Simmelink are experienced in cross-border alimony cases.
Would you like to know if your situation qualifies for a modification? Contact us and discuss your situation with one of our lawyers.
Practical examples
1. Decrease in income after dismissal
A client lost his job and could no longer pay the established partner alimony. In consultation, a recalculation was made and a petition was submitted to the court. The contribution was adjusted based on the current income.
2. Change in division of care
After a change in co-parenting, a parent wanted to have the child alimony adjusted. With the help of mediation, new agreements were recorded without the intervention of the court.
3. New family situation
A former partner started living together and had more children. The financial capacity changed. The court determined that this was a significant change and adjusted the alimony.
Our Attorneys at Law
At Simmelink Lawyers, you work with lawyers specialized in family law, international family law, and inheritance law. We work intensively together on solutions that are legally sound and do personal justice to your situation.
Carla Simmelink – Family Law Attorney, International Family Law and Inheritance Law
Family Law Attorney, International Family Law and Inheritance Law
Valerie Lingg – Family Law Attorney, International Family Law
Family Law Attorney, International Family Law
Eva Zaunbrecher-Boschloo – Family Law Attorney, International Family Law
Lawyer at Law (International) Family Law
Clients are guided by a dedicated lawyer who oversees the entire file and communicates discreetly.
Content verified by the team at Simmelink Lawyers, specialized in family law.
Frequently Asked Questions
In many cases, modification can take place in the event of structural changes in income, family, or division of care. The court assesses whether that change is large enough.
Not always. In many cases, parties can make new agreements among themselves. Only in the case of a previous court ruling is a new petition sometimes necessary.
With partner alimony, financial capacity and need between former partners primarily play a role; with child alimony, the best interests of the child come first.
Yes. A mediator can guide parties in finding new, balanced agreements. The outcome can then be recorded in an agreement.
Depending on the place of residence and the applicable law, international alimony can also be adjusted. This requires a specific legal assessment.
Do you have a question about modifying alimony? Contact us to discuss your situation with one of our lawyers.
