Alimony

Spouses have a duty of care. The Dutch Civil Code is clear about this: ‘Spouses owe each other loyalty, help and assistance. They are obliged to provide each other with what is needed’ (Article 1:81). When you say ‘yes’ to this duty of care, you also have the duty to take care of each other after marriage. When there is a large difference between the financial situation of ex-spouses, one partner pays the other a certain amount each month. The amount is increased annually by a percentage determined by the Ministry of Justice.

Receiving alimony

If you receive alimony, it is important that you receive an amount that allows you to continue to live at the same level as during the marriage. The calculation of this amount requires specific knowledge and information. Current rulings by the courts and the Supreme Court also play a role in this. Another factor is your earning capacity. This is the extent to which you can earn a certain income yourself. Any new partner also plays a role in determining the alimony amount.

Paying alimony

The amount of the alimony you pay is determined by your own capacity and the earning capacity of your ex-partner. Ms Boomsma-Shriber will work with you to look at all these aspects. In doing so, she examines the possibility of limiting the amount of the alimony and the length of the period during which you have to pay. This calculation is a set of factors in which current court rulings also play a role. Furthermore, Ms Boomsma- Shriber includes the effect of job loss, a new family situation or retirement in the considerations.

Child support

The duty of care after marriage also applies to any children. The obligation to pay child support applies until your child is 18 years old. Even after that, you will have to pay a contribution for the costs of study and living expenses until the child reaches the age of 21.  Even if you do not have contact or a relationship with your child, you are obliged to pay child support. This obligation is limited only in very exceptional situations.

Determining child support

For determining the child support, Ms Boomsma-Shriber goes through a number of steps with you. After calculating the net family income, specially developed tables determine the parents’ own contribution to the children’s expenses. The calculated expenses that parents have to contribute, their own share, are then split between both parents. This is done in proportion to the income. The amount that one party pays to the other party is child support. The amount is increased annually by a percentage determined by the Ministry of Justice . By means of a support calculation, you can review whether you are able to pay your calculated share.