Changing child support

When are you allowed to change child support?

Changing child support is possible if there is a change of circumstances within the meaning of Article 1:401 paragraph 1 of the Dutch Civil Code. The change must be structural and affect the financial capacity of the paying parent or the needs of the child.

What does the court consider a change of circumstances?

A change of circumstances is a factual change that did not exist when the maintenance was established, and which is of a structural nature. The court assesses whether the change is large enough and sufficiently structural to justify a new calculation. In doing so, the court also looks at the extent to which the change is the result of choices made by the parent involved and whether the maintenance therefore no longer meets the legal standards of Article 1:401 paragraph 1 of the Dutch Civil Code.

Not every change suffices: the court looks primarily at lasting, demonstrable changes, not at temporary fluctuations in income or costs.

Common reasons to change child support

• Change in income
  Dismissal, promotion, disability, retirement, or highly fluctuating income as a self-employed person.
• Change in care arrangement
  More or less care for the children leads to different costs per parent and a different care discount.
• New partner or new family
  Remarrying or cohabiting with children increases the maintenance obligations of the paying parent, which reduces their financial capacity.
• Higher costs of the child
  More expensive childcare, school, medical costs, costs for a disability, or elite sports.
• Child turns 18
  The maintenance obligation continues until age 21, but the child will henceforth receive the contribution themselves and can request a modification themselves.
• Incorrect data at the time of determination
  If the original calculation was based on incorrect or incomplete information.

When does a modification request have little chance of success?

Not every request for modification is granted by the court. In the following situations, the chance of a successful modification is generally limited:

• Temporary situation
  If the drop in income is expected to be of short duration, for example with a temporary unemployment benefit with good re-employment prospects, the court will in many cases not adjust the maintenance.
• Small differences
  If the recalculation yields only a marginally different amount, this often does not outweigh the costs and effort of a procedure.
• Deliberately working less
  If a parent voluntarily chooses to work less or stop working, the court calculates using a fictional income — the earning capacity that could reasonably have been achieved. A voluntary drop in income generally does not provide grounds for a reduction. In special situations, such as serious health complaints, this may turn out differently.
  Legal basis: Art. 1:401 paragraph 1 of the Dutch Civil Code / HR December 23, 2011, ECLI:NL:HR:2011:BU1709.
• Unclear substantiation
  Without concrete evidence such as tax returns, payslips, or annual accounts, a revision is legally difficult to substantiate.

Should you have child support adjusted?

A changed situation does not automatically lead to different maintenance. As long as there is no new agreement and the court has not issued a new order, the existing obligation remains in force. Whether action is wise depends on the specific circumstances.

When is action wise?

• If income has fallen structurally and the current amount is demonstrably no longer feasible.
• If the care arrangement has changed significantly and the calculation no longer aligns with it.
• If the costs of the child have risen structurally and this was not included in the original calculation.
• If you suspect that the other parent’s income has risen sharply and you are entitled to a higher contribution.

When is waiting more logical?

• If the change is temporary in nature and the situation is expected to normalize quickly.
• If the recalculation would only yield a small adjustment that does not justify the legal costs.
• If consultation with the other parent has not yet been attempted and there is room for a solution outside of court.

What are the risks of doing nothing?

As long as you take no action, you remain legally bound to the previously determined amount. If you pay less than agreed without a court adjustment, the other parent can claim arrears, also with retroactive effect. Conversely: if you are entitled to a higher contribution but do not apply for it, you miss out on that income. A timely assessment of your situation prevents financial imbalance.

How is the new child support calculated?

The new child support is calculated using the Trema standards, the guidelines used by Dutch courts. The calculation has three building blocks: the financial capacity of the paying parent, the needs of the child, and the distribution of those costs between the parents.

How is financial capacity determined?

The financial capacity of the paying parent is the amount remaining after deducting fixed costs from the net income. Housing costs, health insurance premiums, and a fixed amount for other expenses are taken into account.

Changing child support as an entrepreneur or Director-Major Shareholder (DGA)

For self-employed persons and DGAs, financial capacity is determined based on the average profit over the past three years. The specific structure of the company also plays a role.

Fluctuating income makes the calculation more complex: the court looks at what is structurally available, not at an exceptionally good or bad year. For a DGA, the relationship between the director’s salary and the business result is also examined, as well as available cash flows and reserves.

In these types of cases, a specialized lawyer is important to present the financial data correctly from a legal perspective and to ensure a recalculation aligns with the actual situation.

What counts toward the child’s needs?

The child’s needs are determined based on NIBUD tables, which are derived from the parents’ former family income. The higher the former family income, the higher the determined need. Special costs such as more expensive childcare, school fees, medical costs, or costs for a disability are added on top of the table value.

How are the costs divided between the parents?

The costs are divided according to financial capacity: the parent with the highest income contributes a larger share. In addition, a care discount is applied in favor of the parent with whom the child also stays: the more care tasks that parent takes on, the lower the contribution to be paid.

How can you change child support?

There are three routes to adjust child support, depending on the degree of agreement with the other parent and the complexity of the situation.

Through consultation

If both parents agree on a new contribution, they can record the agreements in a modified parenting plan. Consultation is the fastest and cheapest route. Recording is essential: an oral agreement is not legally enforceable. A judge must ratify the new amount to give it legal force.

Through mediation

If direct consultation is difficult, a mediator can guide the conversation. The mediator helps both parents reach a balanced solution based on a new calculation. The outcome is recorded in an agreement and submitted to the court for ratification.

Through the court

If consultation fails, the lawyer submits a petition for modification to the court. The other parent is given the opportunity to respond. The judge assesses the changed circumstances and, if applicable, determines a new contribution. Often, the effective date is the date of the petition, but the judge can deviate from this with justification. You can read more about the procedure on the page maintenance upon divorce.

What happens if you do nothing?

If an existing maintenance arrangement no longer aligns with reality but neither parent takes action, the original order or agreement remains in force.

• For the paying parent
  If you pay less than the determined contribution, the other parent can still claim the arrears via the LBIO or a bailiff. Terms generally only expire after five years (Art. 3:308 of the Dutch Civil Code), so a significant backlog can arise.
• For the receiving parent
  If you receive too little while the other parent’s situation has improved, you miss out on income that you could have received with timely action.
• Financial imbalance
  As time passes without adjustment, the difference between the determined and the economically correct contribution grows. In most cases, a judge does not grant retroactive effect to before the date of the petition, meaning delay actually costs you money.

In many cases, it is wise to have your situation assessed by a lawyer in a timely manner. An advisory meeting provides insight into whether action is useful and what the expected outcome is, without further steps necessarily having to follow immediately.

Common situations

My income has changed

A structural drop in income due to dismissal, disability, or lower profit as an entrepreneur can be grounds for reducing the contribution to be paid. Conversely, an increase in the income of the receiving parent can be grounds for reducing the contribution received. The condition is always that the change is structural and demonstrable.

Our care arrangement for the children has changed

If the actual care arrangement has changed significantly compared to the parenting plan, the contribution may no longer align with the actual costs per parent. A new care discount can be calculated based on the current distribution.

My ex-partner has a new partner or less income

If the other parent starts cohabiting or remarries, this in some cases affects his or her financial capacity. If that parent deliberately works less, the court calculates using the fictional income: the earning capacity that could reasonably have been achieved. A voluntary drop in income of the other parent is in most cases not grounds for increasing the contribution.

I live or work abroad

In an international situation, additional questions must be answered: which court has jurisdiction and which law applies? Within the EU, the Brussels IIb Regulation and the 2007 Hague Maintenance Protocol apply. Outside the EU, other treaties apply. You can read more about this topic on the page international family law.

What if the other parent does not cooperate?

If the other parent refuses to provide financial information or blocks a modification request, legal steps are possible.

Through the court. The lawyer submits a petition on your behalf. The judge can order the other parent to provide financial information. Refusal has consequences for that parent’s position in the procedure.

Via the LBIO. The Landelijk Bureau Inning Onderhoudsbijdragen (LBIO) can be called in if the other parent does not pay or does not cooperate with a determined arrangement. The LBIO has the authority to enforce payment.

What should you look out for?

The chance of a successful modification depends heavily on your preparation. In any case, pay attention to the following:

• Documentation
  Collect current financial documents before submitting a request. Think of:
  • payslips or annual statement for the past 12 months
  • annual figures for the past three years (for self-employed persons or DGAs)
  • the current parenting plan or the existing court order
  • proof of the changed care arrangement (e.g., school schedules, statements)
  • specification of special child costs that fall outside the table value (childcare, medical, school)
• Timing
  A court order in most cases takes effect on the date the petition is filed. The sooner you file a request, the sooner any modification takes effect. Delay effectively costs you money if the situation entitles you to a lower or higher contribution.
• Recording agreements
  Always make agreements made between yourselves in writing and submit them to the court for ratification. An oral agreement or non-ratified agreement offers no protection if the other parent later goes back on the agreements.
• Communication
  A constructive conversation with the other parent is in most cases the fastest and cheapest route. A lawyer or mediator can mediate if direct contact is difficult.

What does it cost to change child support?

The costs consist of lawyer fees and, in a court procedure, court fees. Consultation or mediation is in most cases cheaper than a full court procedure.

Depending on income, one may qualify for subsidized legal aid (toevoeging). A lawyer assesses during the intake whether that applies in your situation.

Does a non-modification clause apply to child support?

A non-modification clause has limited effect on child support: in the event of significant changes, the court can set aside the clause if it is unacceptable according to standards of reasonableness and fairness for the contribution to remain unchanged (Art. 1:401 paragraph 5 of the Dutch Civil Code). The threshold for a successful modification request is higher with such a clause.

Changing child support in international situations

If one of the parents lives, works, or receives income from abroad, it must first be determined which court has jurisdiction and which law applies. Within the EU, the Brussels IIb Regulation (applicable from August 1, 2022) provides a framework for jurisdiction. The 2007 Hague Maintenance Protocol determines which law applies to the calculation. Outside the EU, other treaties apply, and the recognition of the judgment abroad is a separate point of attention.

In EU cases, in addition to the Brussels IIb Regulation, the Maintenance Regulation (Regulation 4/2009) is also relevant. This regulation governs the cross-border collection and recognition of decisions on child support within the EU. In case of doubt about the competent country or the applicable law, a legal analysis is necessary before a request is submitted in the Netherlands.

Simmelink Lawyers assists parents in cross-border maintenance cases from Maarssen. Clients living outside the Netherlands, including Dutch nationals abroad and expats in the Netherlands, are often assisted online via video.

Example from practice

Entrepreneur with structurally lower income

A parent who worked as a self-employed person after the divorce saw their income drop significantly over two years compared to the moment the maintenance was established. The question was whether the drop was structural and to what extent the court would assume a fictional income. Based on the annual figures over three years, it was assessed what could be identified as structurally available income, and whether a recalculation in accordance with the Trema standards was appropriate.

Changed care arrangement through consultation

The actual care arrangement had shifted significantly over the years: the child was now staying considerably more with the paying parent than was recorded in the parenting plan. As a result, the care discount in the original calculation no longer aligned with the actual situation. Both parents were willing to consult; based on the new distribution, a recalculation was made and recorded in a modified parenting plan that was submitted to the court for ratification.

A parent moves abroad

After the paying parent moved to a country outside the EU, the question arose whether the Dutch court remained competent to hear a modification request. Because the country of residence was not an EU member state, not the Brussels IIb Regulation but another treaty framework applied. First, it was determined on what basis the Netherlands had jurisdiction and which law applied to the recalculation before the modification request could be submitted.

Discuss your situation?

Would you like to know if your situation qualifies for a modification? Discuss your situation in an advisory meeting or plan an intake if you have already decided you want legal assistance.

Intake meeting vs. advisory meeting: In an intake meeting, we start the legal assistance and a file is opened. In an advisory meeting, you discuss your situation legally at an hourly rate, without further work following. After your registration, our secretariat will contact you within one working day.

Trust and quality

Simmelink Lawyers is affiliated with the Dutch Bar Association.
Read more about our reviews or see how we work via our working method.