Many parents and young adults in Leiden and surroundings are unaware of the maintenance obligation that applies to children between 18 and 21 years. Although children become legally of majority at age 18, the parents' maintenance obligation does not end immediately. At the District Court of The Hague, Leiden Location, these cases come up regularly. In this article, you will read everything about the conditions, rights and duties regarding maintenance contributions for young adults, with local information for Leiden.
What does the maintenance obligation for 18-21 year olds entail?
The maintenance obligation 18-21 years is laid down in article 1:395a of the Dutch Civil Code. Parents must contribute to the costs of living and study of their adult children up to 21 years. This applies regardless of whether parents are married, divorced or never had a relationship. Adoptive parents and acknowledging parents are also obliged up to 21 years.
In Leiden, the District Court of The Hague, Leiden Location (Parkweg 1, 2314 KN Leiden) handles many of these cases. For free advice, you can go to the Juridisch Loket Leiden, Stationsweg 46, 2311 DB Leiden.
Statutory basis: article 1:395a DCC
According to article 1:395a DCC, the maintenance obligation continues until 21 years, if the child has a need for maintenance and parents have sufficient capacity to pay. There is no distinction between 18-21 year olds and younger children.
Conditions for maintenance obligation 18-21 years
Three conditions must be met for a claim to maintenance:
1. Age 18-21 years
The obligation applies only between 18 and 21 years. At 21 years, it ends automatically, unless special agreements or circumstances apply.
2. Need for maintenance
The child must have a demonstrable need and not be able to provide for its own living expenses. The following are assessed:
- Costs of living (food, clothing, housing)
- Study expenses (tuition fees, books, materials)
- Care and insurance costs
- Own income (part-time job, DUO funding)
- Child's assets
Part-time jobs or student financing do not exclude need; the overall situation counts, the court rules.
3. Parents' capacity to pay
Parents pay according to capacity to pay. The following are considered:
- Net income
- Assets and property
- Fixed expenses and other obligations
- New family
- Housing costs
No capacity to pay? Then no or lower contribution.
Study and maintenance obligation in Leiden
Must a child study for maintenance? The answer is nuanced:
Compulsory study?
There is no statutory study obligation between 18-21 years. But working or deliberately not studying can affect the need. The court may decide that the child can provide for itself.
Approved courses
Regular studies qualify:
- MBO
- HBO-bachelor
- WO-bachelor
- Full-time/part-time
Studies must be followed seriously. Poor progress or dropping out without reason can stop contributions.
Amount of maintenance contribution
No fixed amount; dependent on circumstances. Guidelines:
Calculation methods
Courts use Nibud- or Tremanormen for costs of young adults.
| Cost item | Average p.m. in Leiden |
|---|---|
| Living expenses (food, clothing) | € 220 - € 370 |
| Study costs (excl. tuition fees) | € 60 - € 160 |
| Health insurance | € 125 - € 155 |
| Pocket money and other | € 100 - € 200 |
| Rent/shared housing | € 400 - € 600 |
Procedure at District Court of The Hague, Leiden Location
For establishment or modification: file a petition with the court. Costs: court fee approximately € 85 (2024). Evidence needed: incomes, cost overviews. The Juridisch Loket Leiden helps with forms and advice (Stationsweg 46).
Making an appointment
- District Court of The Hague, Leiden Location: Parkweg 1, 2314 KN Leiden. Tel: 070-361 07 11
- Juridisch Loket Leiden: Stationsweg 46, 2311 DB Leiden. Tel: 0900-8020 or online appointment.
Specific for Leiden students: high rental prices are taken into account in calculations.