Child support is usually a very sensitive subject during and after a divorce, so you want to be well informed. There are often many questions such as: How much should be paid? How long does payment have to take? Who should pay whom? What if payment is not made or not paid on time?
What is child support?
Child support is defined as the maintenance obligation for at least the children after a divorce between the parents. To whom alimony must be paid depends on who the children live with, the financial situation during the marriage and the current financial situation of both parents. Children usually live with their mother, but nowadays increasingly with their father. The parents may also agree on co-parenting, in principle this means that the child(ren) spend half of the time with the mother and half with the father. In the latter case, it is not necessary for one of the parties to pay alimony, because it is assumed that the costs will be divided automatically. Legally speaking, you as parents are free to decide on alimony, access rights, etc. A parenting plan is often included in the divorce agreement. The following agreements can be included:
- The duration of alimony
- The amount of alimony
- Any agreed non-change clause
- The payment term
- The possible annual indexation
This parenting plan is then assessed by the judge and made binding in an order together with the divorce.
How much alimony?
To determine the amount of child support, it is important to ensure that the living situation of the child(ren) deteriorates as little as possible. After all, a divorce is difficult enough for children. For example, if the child needs special medical care or special education, this will also have to be included in the maintenance calculation. A judge determines the amount of alimony in three steps:
- Step 1: determine the family income
- Step 2: determining the costs of the child(ren)
- Step 3: determining the capacity of the maintenance debtor
It is prescribed by law that alimony never amounts to more than the capacity of the person obliged to pay alimony allows. To calculate the capacity, there are no laws, but there are standards developed by judges, which are published in the magazine for the judiciary Trema, so these standards are called trema standards. The diaeresis standards are generally accepted and are adjusted every year to the current figures. The capacity of the person obliged to pay alimony is not always sufficient for the required alimony, so in those situations children are worse off.
How long must alimony be paid?
Maintenance obligations exist until the child(ren) reaches the age of 21 or until they are financially independent. Between the ages of 18 and 21, alimony goes directly to the child instead of the custodial parent unless the child decides otherwise. The alimony can therefore be adjusted if:
- The child does not take his or her studies seriously
- The study choice is not realistic
- The child behaves so badly that a contribution towards maintenance cannot morally be expected from the parents
The child will then have to make great efforts to grant the request to reduce or stop the maintenance obligation. For children with a mental or physical disability, an extension of the maintenance obligation also often occurs.
What is Indexing?
Every year the salary and inflation change, which is why the alimony also changes, this is called indexation. This is legally adjusted every year on January 1. The alimony usually increases by a number of percentages. For example, for 2011 this was 0.9%
Can alimony be changed?
The answer to this question is YES. This can be done in consultation with the other parent, but it is only binding after a request for change has been submitted to the court. A lawyer must then submit such a request to the court. There are several reasons to change the amount of alimony:
- Dismissal or unemployment
- Higher travel costs or mortgage after a necessary move
- The child moves to the other parent
- New or different work
- Retirement
- Remarriage, cohabitation or entering into a registered partnership
- Passing away
The judge will look at whether the change in personal circumstances is a justified reason to also change the alimony amount. For example, deliberately taking a lower paying job to reduce the amount of alimony will not result in a reduction in alimony.
My ex doesn’t pay, what now?
A divorce is a difficult matter for everyone. Many feelings of anger, sadness and fear are released. Many things have to be divided and arranged, which makes it all quite businesslike. However, it is very important that everything is properly arranged, especially for the children. In many cases the custodial parent is left alone, the other parent often thinks it is unfair to have to hand over such a large amount to the custodial parent every month. This often causes arguments, revenge attacks and strikes regarding alimony. It often happens that the person obliged to pay alimony does not pay or pays it too late.
The custodial parent can then request the other parent to pay, but if this fails, he or she can call in a bailiff. If the judge has recorded the amount in a decision, the LBIO (national maintenance contribution collection agency) can also be called in. This institution will then collect the alimony amount free of charge (for the recipient).