It is legally established that a child may not be worse off as a result of a divorce. One of the parents may be required to provide child support. In a divorce, the interests of the children come first. In addition to a divorce agreement, it is also mandatory to draw up a parenting plan. This sets out how the parents will arrange upbringing and care in the future. The judge must approve the parents’ plans. The parents make mutual agreements about the amount of child support.
What is child support?
This is a financial contribution towards the education of the children. In daily life, one parent contributes more financially than the other. The parent where the children normally stay has higher costs compared to the parent where the children stay for a weekend once every two weeks. To divide the costs fairly, agreements must be made about child support.
Difference between spousal support and child support
An ex-partner and parent can be obliged to pay both types of alimony. The spousal maintenance must provide a contribution to the partner’s subsistence. An ex-partner will be obliged to do this if the income differences are large. For example, one partner has worked full-time and the other partner has mainly stayed at home to care for the children. Child support is a contribution to the costs of the child and is in principle not dependent on the level of income.
The spousal support is tax deductible as a maintenance obligation ( personal deduction), the child support is deductible as a contribution to the maintenance of the children. The amount that may be deducted from the income for child support is a fixed amount that depends on the amount of the contribution. Spousal maintenance can be commuted by paying a one-off amount, this does not apply to child maintenance.
Child support amount?
Mutual agreements must be made about the amount of child support. The judge will put the interests of the child first when assessing the parenting plan. The contribution must be high enough to offer the children the life they were used to before the divorce. The amount of child support also depends on your financial capabilities. If there is little money available from the parents, child support takes priority over spousal support.
What is the minimum child support amount?
The amount paid in child support is deductible to the extent that the rounded contribution amounts to at least 400 per quarter. If the parent who does not provide daily care only contributes 100 per month to the care, the amount is not deductible. If the amount were increased to 150, the amount would be deductible. You should take a broad view of contributing to the costs of education. In principle, the costs incurred by the parent during the days that the children stay with him or her may also be included. These costs may be included to the extent that they are reasonable. The deduction option does not exist for the parent who receives child benefit. Even if the child receives student finance, the deductibility no longer applies.
Until what age must child support be paid?
The duration of child support is not linked to the duration of spousal support. The contribution continues until the child reaches the age of 21, or until the child has become financially independent of the parents.