In brief
Child support is part of the broader financial arrangements during divorce. A divorce lawyer guides you through the determination and formalization process, as well as issues related to divorcing with children.
If you would like to discuss your situation for initial orientation, this is possible during a consultation.
When do you pay child support?
Child support is applicable as soon as parents separate and there are minor children.
The contribution can be agreed upon mutually, calculated during mediation, or established through the court.
Key principles:
- the best interests of the child always come first
- both parents have a maintenance obligation
- the amount depends on financial capacity and need
- agreements apply until the child is 18 (and often until 21 in the case of study costs)
Depending on the circumstances, child support may also be applicable in cases of co-parenting.
How is the amount of child support determined?
Child support is calculated in three steps: first, the child’s needs based on the NIBUD table; second, the financial capacity of both parents according to the Trema standards; and finally, the care discount based on the actual contact arrangements.
The child’s needs are linked to the joint net family income during the marriage and the age of the child. The costs are then divided between the parents in proportion to their financial capacity, after which the care discount is applied to the share of the parent who provides actual care.
The full calculation method, including the NIBUD table, the Trema standards, the care discount percentages, and an online indication tool, can be found at calculating child support.
Use our child support calculator to get an initial indication of the potential contribution
When can child support be adjusted?
Child support can be recalculated in the event of a substantial change in circumstances pursuant to Art. 1:401 of the Dutch Civil Code. Typical grounds include a change in income of one of the parents, a different care distribution, a new family composition, or the child reaching a new age category (the NIBUD table features incremental increases per age group). An adjustment can be formalized through mutual agreement, via mediation, or through a petition procedure at the court.
You can read about when a change is likely to be successful, how the procedure works, and what the costs are at modifying child support.
What does the court do regarding child support?
When parents do not reach an agreement, the court establishes the child support.
The judge considers:
- the needs of the child
- the financial capacity of both parents
- the division of care and upbringing tasks
The judge often also assesses whether the agreements in the parenting plan are reasonable and feasible.
Depending on the circumstances, the judge may later decide to modify a maintenance amount.
How can a lawyer assist you?
A family law attorney helps you to legally record agreements on child support correctly, or to properly substantiate a modification.
At Simmelink Lawyers, we guide parents in:
- calculating a reasonable maintenance amount
- drafting or adjusting a parenting plan
- consultation and mediation
- court proceedings
We work meticulously, with a focus on the best interests of the child and your peace of mind during this phase.
Example from practice
In one case, we assisted a parent with a child support issue where the financial situation had changed significantly after the divorce. One parent’s income had decreased due to a change in their work situation, while the care arrangement for the children remained the same.
A key part of the guidance was carefully mapping out the current financial capacity of both parents and the needs of the children. This involved looking at the applicable maintenance standards and the impact of the changed circumstances on the previously established contribution.
Based on the collected data, it became clear which legal route was appropriate in this situation and what steps were required for it.
Content verified by the team at Simmelink Lawyers, specialized in family law.
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.
Would you like to know how to formally apply for child support? Read more on the applying for maintenance page.
Are you still exploring your options regarding child support? Read more about the consultation meeting at Simmelink Lawyers, a first step to discuss your situation without immediately starting a procedure.
Frequently Asked Questions
In most cases, until the child turns 18. For children who are studying or not yet self-sufficient, this can be extended to 21 years. This is general information, not individual legal advice.
Yes, in many cases a modification can be requested if income or the care arrangement changes. Depending on the circumstances, the court assesses whether an adjustment is reasonable.
The maintenance is aligned with the division of care and the income of both parents. A recalculation is often made using the Trema standards as a starting point.
The parent receiving the maintenance can take collection measures, for example through the LBIO. This takes place according to legal procedures and under the supervision of the court.
No, but in many cases mediation helps to reach workable agreements without a court procedure.
