Calculating maintenance is a complicated process based on national rules. This considers both the financial needs of the receiving party and the payment capacity of the paying party.
Trema Guidelines
For consistent calculation, judges use the Trema guidelines, also known as the Maintenance Standards Report. These standards are updated annually by the Expert Group on Maintenance Standards.
Process for Spousal Maintenance Calculation
| Step | Description |
|---|---|
| 1 | Determining the marriage-related need (60% of net family income) |
| 2 | Deducting the recipient's own earnings |
| 3 | Determining the financial capacity of the maintenance payer |
| 4 | The final amount is the lowest of the need or capacity |
Factors in Capacity Determination
When determining capacity, account is taken of, among other things:
- Net income (salary, benefits, business results)
- Capacity-free income (social assistance level + housing costs)
- Reasonable expenses (such as healthcare costs, transport, debt repayment)
- Obligations to a new family
Step-by-Step Plan for Child Maintenance
- Determining the child's costs based on Nibud guidelines
- Deducting child-related budget
- Dividing the remaining costs based on both parents' capacity
- Applying care discount for the non-custodial parent
Online Tools
There are various digital tools that can provide an estimate of maintenance amounts:
- Nibud tool for maintenance calculation
- Maintenance calculator on Rechtspraak.nl
- Calculation aid on Alimentatie.nl
These tools provide an indication, but a definitive calculation remains custom-made.
Specific Situations
| Circumstance | Effect on Calculation |
|---|---|
| Sole Trader/Entrepreneur | Average profit over 3 years is used |
| Fluctuating Income | Calculation based on average or standardised income |
| Extras such as bonuses | Are included as part of income |
| New Relationship | May affect capacity |
Can I calculate maintenance myself?
With online tools, you can make a rough estimate, but expertise is needed for a precise calculation. A lawyer or mediator can prepare a calculation that is legally enforceable in court.What if my ex-partner hides income?
The court can oblige your ex to share financial data. In case of refusal, an estimated income can be used. You can also request information from the Tax Authorities or the employer.Is holiday pay included in the calculation?
Yes, holiday pay, end-of-year payments, and fixed bonuses are included in income. This is divided over 12 months to determine a monthly amount.Frequently Asked Questions about Maintenance in Leiden
How is spousal maintenance exactly calculated using the Trema standards?
The calculation proceeds in four phases: first, the marriage-related need is established (60% net family income). Then, the recipient's own income is deducted. Next, the payer's capacity is determined, taking into account income, fixed costs, and new obligations. The final amount is the minimum of the need or capacity. A legal advisor can assist with this.
Which incomes are included in capacity?
All forms of income are included, such as salary, benefits, business profit, holiday pay, and bonuses. These are converted to a monthly amount. Income from assets may also be included. After deducting capacity-free income (social assistance norm + housing costs) and necessary expenses, the capacity remains.
How does child maintenance calculation and care discount work?
The child's costs are determined via Nibud tables, after which the child-related budget is deducted. The remaining costs are divided based on both parents' capacity. Care discount means the non-custodial parent pays less with more care responsibility, for example in co-parenting.
Can maintenance be adjusted due to changed circumstances?
Yes, for changes such as income loss, unemployment, new family burdens, or a different care arrangement, you can file a request for adjustment with the court. A lawyer or mediator can help with this process.
Local Support in Leiden:
- Court: District Court of The Hague, Leiden Location
- Legal Counter: Juridisch Loket Leiden, Stationsweg 46