Legal Maintenance Obligation of Parents in Leiden
In Leiden, parents are legally required to provide maintenance for their minor children, covering expenses for care, upbringing, and education. This maintenance obligation, rooted in family law, applies as long as the child is not self-supporting. It prioritizes the child's best interests and forms the core of arrangements such as child maintenance. For residents of Leiden, Het Juridisch Loket Leiden offers free advice to understand and apply these rights.
What does the parents' maintenance obligation entail for families in Leiden?
The maintenance obligation requires parents to cover their child's costs, from basic needs like food, clothing, and housing to education, healthcare, and leisure activities. Under Dutch law, both parents share this responsibility, regardless of their marital status – married, cohabiting, or divorced. The obligation typically ends at the age of majority (18), but it can be extended for children pursuing studies, which is common in a student city like Leiden, for example at the University of Leiden.
In practice, parents align their income and financial capacity with the child's needs. In cases of disagreement, such as after a divorce, the Leiden District Court can intervene. This article addresses the broader maintenance obligation, with a link to child maintenance, and focuses on local relevance for parents in Leiden.
Legal basis of the maintenance obligation
The rules are set out in Book 1 of the Dutch Civil Code (DCC), articles 1:392 to 1:407. Article 1:392 DCC requires parents to maintain minors in proportion to their financial means. This ensures a fair distribution based on income and capacity.
- Article 1:393 DCC: Defines the scope, including care, upbringing, and education costs.
- Article 1:404 DCC: Extends the obligation to adults who cannot support themselves, such as Leiden students up to age 21 or longer in exceptional cases.
- Article 1:407 DCC: Grants the court authority to determine the contribution upon request by a parent or the child.
These laws protect children's rights, aligned with international treaties such as the European Convention on Human Rights and the UN Convention on the Rights of the Child. Updates in 2020, through the 'Tremarichtlijn' of the Council for the Judiciary, simplify maintenance calculations using standard needs and income norms, which is useful for families in Leiden facing local costs like city-center rent.
Rights and obligations of parents and children in Leiden
Obligations of parents
Parents must contribute to their child's maintenance, including:
- Financially, through maintenance payments.
- In-kind care, such as daily guidance and emotional support.
- Transparency about financial changes, for example in case of job loss via the Municipality of Leiden.
After divorce or partnership dissolution, parents draw up a covenant including the maintenance arrangement. In disputes, the Leiden District Court decides.
Rights of children
Children are entitled to a standard of living commensurate with their parents' means. Even those over 18, such as students in Leiden, can claim maintenance. The child can initiate proceedings themselves if parents fall short, with support from Het Juridisch Loket Leiden.
Rights of parents
Parents may monitor maintenance expenditures and request adjustments for changes, such as unemployment benefits or a new relationship. The non-custodial parent retains influence over decisions like school choice, which is relevant in Leiden with its diverse educational institutions.
Practical examples of maintenance obligation in Leiden
Consider a divorced father with €3,000 net income and a mother with €2,000, with a 12-year-old child. The Tremarichtlijn estimates needs at €500 per month; the father pays €300, the mother €200, covering local expenses like schoolbooks or membership in a Leiden sports club.
Example two: a 20-year-old female student in Leiden with no income can claim maintenance until age 21. If refused, she can request interim relief from the Leiden District Court. In 2022, the Leiden District Court ruled that parents had to contribute to an expensive study, despite their own financial concerns, as the child proved completion without support was impossible.
For unmarried parents, the obligation applies equally, but paternity acknowledgment is essential for enforcement, supported by the Municipality of Leiden.
Comparison with child maintenance
The maintenance obligation encompasses more than child maintenance, which is purely financial. Comparison:
| Aspect | Maintenance obligation | Child maintenance |
|---|---|---|
| Scope | Financial and non-financial (upbringing, care) | Financial only |
| Duration | Until self-sufficiency (often 21) | Until 18, extendable |
| Calculation | Based on DCC and capacity | Via Tremarichtlijn and tools |
| Application | Always, including cohabiting parents | Primarily upon separation |
Read more in Child Maintenance.
Frequently asked questions
Can the maintenance obligation end before the child turns 18?
Yes, if the child becomes self-supporting, for example through employment or an inheritance. In Leiden, Het Juridisch Loket Leiden can help assess whether adjustment is possible via the court.