Adjusting maintenance is possible in cases of significant changes in your situation. Both the paying and receiving party can file a request for modification.
Reasons for adjustment
A modification of maintenance can be requested in cases of:
- Change in income: Unemployment, salary increase or incapacity for work
- Relationship status: New marriage or cohabitation
- Change in living expenses: Moving to another home
- Children's situation: Child reaches majority or starts working
- Health problems: Conditions that affect work or care
Step-by-step plan for modification
| Step | Description |
|---|---|
| 1 | Try to reach agreement with your ex-partner |
| 2 | Put the agreements in writing |
| 3 | No agreement? File a request via a lawyer |
| 4 | The court assesses whether adjustment is justified |
Start date of the modification
The judge determines when the modification takes effect. This can be:
- Date of filing the request (most common)
- Date on which the situation changed
- Date of the judgment
Retroactive effect upon adjustment
A reduction with retroactive effect is often difficult if the recipient has already spent the money. The judge considers whether repayment is fair. In case of an increase, retroactive effect is more frequently applied.
Annual indexation
As of 1 January, maintenance is automatically increased by the statutory indexation percentage. This is not a modification, but a standard adjustment to the cost of living.
Can I pay less maintenance myself in case of income reduction?
No, you may not pay less without permission or a court decision. Until a new arrangement is in place, the original amount remains in force. In case of non-payment, the recipient can claim the difference.What if my ex-partner has a new relationship?
In case of cohabitation as if married, spousal maintenance ends permanently (according to the law). You must prove this. This has no effect on child maintenance.How long does a modification procedure take?
A procedure usually takes 3 to 6 months. In case of urgency, you can request a provisional measure, in which the judge makes a temporary decision within a few weeks.Frequently asked questions about maintenance in Leiden
When can I adjust maintenance?
In case of significant changes such as income change, new relationship, relocation, health problems or children reaching majority. The judge determines whether the situation justifies an adjustment. Try to make agreements together first.
How can I request a maintenance modification?
Start with consultation with your ex-partner and record agreements in writing. If this fails, engage a lawyer for a petition to the court. A procedure takes on average 3-6 months, but in case of urgency a temporary arrangement is possible.
Can I pay less myself with lower income?
No, without a new agreement or judgment the old amount applies. If you pay less, the recipient can claim the difference. File a request for modification first.
What if my ex-partner starts cohabiting?
In case of cohabitation as if married, spousal maintenance ends. You must prove this, for example with evidence of a shared household. Child maintenance remains unaffected.
Is retroactive effect possible upon modification?
Reduction with retroactive effect is difficult if the money has already been spent. The judge looks at reasonableness. In case of increase, retroactive effect is often applied, for example from the date of change.
How does annual indexation work?
Maintenance is automatically adjusted each year as of 1 January based on the statutory percentage. This is a standard adjustment and not a modification. Check whether the amount has been correctly updated.
Relevant authorities in Leiden:
- District Court of The Hague, Leiden Location
- Legal Aid Office Leiden, Stationsweg 46