Changing child support

When are you allowed to change child support?

Modifying child support is possible when 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. The court assesses whether the change is large enough and sufficiently structural to justify a new calculation.

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 for 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 (Article 1:395a of the Dutch Civil Code), but the child will receive the contribution themselves from now on 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 honored by the court. In Simmelink files, we see that the chance of a successful modification is limited in four patterns:

• Temporary situation. In the event of a drop in income that is expected to be of short duration, for example a temporary unemployment benefit with good re-employment prospects, the court rarely adjusts the support.
• Marginal differences. A recalculation that yields only a slightly different amount does not outweigh the costs and effort of a procedure.
• Voluntary drop in income. When a parent voluntarily chooses to work less or stop, the court calculates with a fictitious income: the earning capacity that could reasonably have been achieved. A voluntary drop in income generally does not provide grounds for a reduction (Supreme Court, ECLI:NL:HR:2011:BU1709). This may turn out differently in the case of serious health complaints.
• Insufficient substantiation. Without concrete supporting documents such as tax returns, payslips, or annual accounts, a revision is legally difficult to substantiate.

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.

Financial capacity of the paying parent

Financial capacity is the amount remaining after deducting fixed costs from the net income. This includes housing costs, health insurance premiums, and a flat-rate amount for other expenses. For entrepreneurs and director-major shareholders, the average profit over the past three years carries more weight than a snapshot of a single year.

Needs of the child

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.

Distribution between the parents and care discount

Costs are divided according to financial capacity: the parent with the highest income contributes a larger share. The care discount is applied in favor of the parent with whom the child also resides. The discount is fifteen percent for at least two days of care per two weeks, twenty-five percent for two to three days, and thirty-five percent for three or more days.

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

For self-employed individuals and director-major shareholders, financial capacity is usually determined based on the average profit over the past three years. 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 director-major shareholder, the relationship between director’s salary and business results is also examined, as well as available cash flows and reserves within the company. In Simmelink files, we see that the legal presentation of financial data is often more decisive for the outcome than the figures themselves: a recalculation that aligns with the structural income position carries more weight than a recalculation based on the most recent year.

How can you change child support?

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

1. Through consultation

When 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 it is essential: an oral agreement is not legally enforceable. For legal force, a court must ratify the new amount.

2. Via 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 according to the Trema standards. The outcome is recorded in an agreement and submitted to the court for ratification.

3. Via the court

If consultation fails, the lawyer submits a petition for modification to the court. The other parent is given the opportunity to defend. The court assesses the changed circumstances and, if applicable, determines a new contribution. The effective date is often the date of the petition; the court may deviate from this with justification.

What happens if you do nothing?

When an existing support arrangement no longer aligns with reality but neither parent takes action, the original order or agreement remains in force. The consequences differ per party:

• 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 (Article 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. A court rarely grants retroactivity to before the date of the petition.

What if the other parent does not cooperate?

When the other parent refuses to provide financial information or blocks a modification request, legal steps are possible. Through the court, the lawyer can submit a petition in which the court can order the other parent to provide financial information. Refusal has consequences for that parent’s position in the proceedings: in that case, the court can assume a presumed income.

The Landelijk Bureau Inning Onderhoudsbijdragen (LBIO) can be called in when the other parent does not comply with a determined arrangement. The LBIO has the authority to enforce payment.

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 (Article 1:401 paragraph 5 of the Dutch Civil Code). The threshold for a successful modification request is higher with such a clause than without one.

How does modifying child support work in international situations?

When one of the parents lives, works, or receives income from abroad, it must first be determined which court has jurisdiction and which law is applicable. Within the EU, the Brussels IIa Regulation determines jurisdiction; for the calculation, the 2007 Hague Maintenance Protocol applies. The Maintenance Regulation (EC No. 4/2009) regulates the cross-border collection and recognition of decisions within the EU.

Outside the EU, other treaties apply, and the recognition of the Dutch ruling abroad is an independent point of attention. In Simmelink files, we see that the choice of the competent forum is often more decisive for the outcome than the substantive calculation: different legal systems have varying rules for calculating financial capacity and care discounts. Read more about international family law.

What does it cost to change child support?

The costs consist of legal fees and, in a court procedure, the court fee. The 2026 court fee for a petition in maintenance cases is €341 for individuals with an income above the legal aid threshold. In consultation or mediation, costs remain lower than in a full court procedure. Depending on income, one may qualify for subsidized legal aid via the Legal Aid Board. Read more about rates and costs.

Practical examples

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 support was determined. The question was whether the drop was structural and to what extent the court would assume a fictitious income based on previous earning capacity.

Based on the annual figures over three years, it was assessed what could be identified as structurally available income. The legal presentation focused on the demonstrable causes of the income drop, market developments in the specific industry, and the entrepreneur’s efforts to maintain the income level. A recalculation in accordance with the Trema standards formed the basis for the modification request.

Modified care arrangement recorded through consultation

The actual care arrangement had shifted significantly over the years: the child was now staying considerably more with the paying parent than had been 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 in which the paying parent’s care discount was increased from twenty-five to thirty-five percent. The modified arrangement was recorded in an adjusted parenting plan that was submitted to the court for ratification, giving the arrangement legal force.

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. Since the country of residence was not an EU member state, a different treaty framework applied instead of the Brussels IIa Regulation.

The legal analysis first focused on the question of jurisdiction and the applicable law before the modification request was substantively developed. The choice to litigate in the Netherlands was substantiated based on the child’s habitual residence and the previous Dutch order. Only after the legal framework was established was the substantive recalculation according to the Trema standards prepared.

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.