Child support concerns the financial support for the upbringing and care of children after a divorce. Both parents have the duty to contribute to these costs according to their ability.
Legal Responsibility
According to the law, parents must contribute to the costs of the upbringing and care of their minor children. This obligation remains in force after a divorce and continues until the child reaches the age of 21.
Age and Maintenance Obligation
| Child's Age | Parents' Responsibility |
|---|---|
| 0 - 18 years | Full responsibility for maintenance |
| 18 - 21 years | Responsibility for living expenses and study costs |
| 21+ years | No legal obligation anymore |
How is Child Support Calculated?
The calculation of child support follows a number of steps:
- Determine the child's needs: Based on Nibud guidelines and family income
- Deduct child-related budget: This reduces the total need
- Determine parents' financial capacity: What can each parent contribute?
- Allocate costs according to capacity: Allocation based on financial possibilities
- Apply care discount: Discount for the parent who does not have primary care
Nibud Guidelines
The costs for children are determined using Nibud tables:
| Net Family Income | Costs Child 0-5 years | Costs Child 12-17 years |
|---|---|---|
| € 2,500 per month | approx. € 400 | approx. € 550 |
| € 4,000 per month | approx. € 550 | approx. € 750 |
| € 6,000 per month | approx. € 700 | approx. € 950 |
Care Discount for Residence
The parent with whom the child does not primarily reside receives a care discount on the support for the period that the child is with him/her:
| Residence Duration | Care Discount Percentage |
|---|---|
| 1 day per week | 15% |
| 2 days per week | 25% |
| 3 days per week (co-parenting) | 35% |
When does child support end?
The obligation to pay child support ends when the child turns 21. It may end earlier if the child is financially independent through work. For studying children, the obligation often continues until 21.Must the support be spent specifically on the child?
There is no legal obligation on how the support must be spent, but it must benefit the child. In case of misuse, you can request accountability through the court, although this can be complex.Can the amount of child support be adjusted?
Yes, in case of changes in circumstances, the support can be revised. This includes a changed income, the child's relocation, a different care arrangement, or if the child gets a job.Frequently Asked Questions about Child Support in Leiden
How is the exact amount of child support determined?
The calculation includes five steps: determining the child's costs via Nibud tables, deducting child-related budget, determining the capacity of both parents, allocating costs according to capacity, and applying care discount. For a precise calculation, you can use a support calculator or seek legal advice from a lawyer in Leiden.
What to do if my ex-partner does not pay?
In case of non-payment, you can enlist the help of the Landelijk Bureau Inning Onderhoudsbijdragen (LBIO) or a bailiff. They can attach income or assets. Additionally, you can request a writ of execution through the court. Contact the LBIO or a lawyer in Leiden for support.
Can I stop paying if my child lives with me?
If the care arrangement changes because your child moves in with you, you can request an adjustment of the support. In co-parenting, the obligation may sometimes lapse. However, this must be legally documented via a lawyer or mediator to avoid problems.
How long do I pay support for a studying child?
The support obligation continues until the child is 21, even during studies. Only if the child is fully self-supporting through work can the obligation end earlier. Always consult with your ex-partner or a legal advisor in case of changes.
Relevant Institutions in Leiden:
- Rechtbank Den Haag, Locatie Leiden
- Juridisch Loket Leiden, Stationsweg 46