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Calculate Maintenance in Netherlands — Your Rights

Calculating maintenance (alimentatie) can be a stressful and emotional matter, especially during or after a divorce in the Netherlands. Whether you need to pay maintenance to your ex-partner or for your children, or you're entitled to receive it, it's important to understand your position. The amount of maintenance depends on various factors such as income, cost of living and children's needs under Dutch law. With the right information, you can assess whether maintenance has been calculated correctly.

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What's the situation?

Maintenance (alimentatie) is a financial contribution you pay to your ex-partner (spousal maintenance/partneralimentatie) or for the care of your children (child maintenance/kinderalimentatie) after a divorce in the Netherlands. Calculating the correct amount can be complex because it must take into account incomes, expenses, housing costs and children's needs. Many people don't know exactly how maintenance is calculated under Dutch law or whether the amount they pay or receive is correct. Sometimes circumstances change, such as income or housing costs, requiring maintenance to be adjusted.

What does Dutch law say?

The maintenance obligation is established in the Dutch Civil Code (Burgerlijk Wetboek) and is calculated according to fixed rules and guidelines. For child maintenance, both parents must contribute financially to the costs of care and upbringing according to their ability to pay. Spousal maintenance is awarded when an ex-partner cannot provide for their own living expenses. The calculation is made using objective criteria such as income, expenses and care arrangements. National calculation rules developed by Dutch courts are used to calculate maintenance.

1Article 1:392 BW (Dutch Civil Code) stipulates that both parents contribute according to their ability to pay towards the costs of care and upbringing of children
2Article 1:157 BW (Dutch Civil Code) regulates that ex-spouses may owe each other maintenance after divorce
3The Maintenance Standards and Trema table are used to objectively calculate ability to pay and needs

What are your rights?

You have the right to know how maintenance is calculated and to demand a correct calculation under Dutch law. You can also request changes if circumstances change.

1Right to correct calculation: Maintenance must be calculated according to national calculation rules and current data
2Right to disclosure: You may request income data and calculations to check whether maintenance is correct
3Right to modification: If circumstances such as income or care arrangements change, you can request adjustment of maintenance
4Right to legal aid: You can engage legal help in disputes about the calculation or amount of maintenance

What can you do now?

Follow these steps to have maintenance calculated or checked correctly:

1Gather all relevant financial data such as payslips, benefit statements, housing costs and children's costs from both parties
2Use a reliable maintenance calculator or have a calculation made by an expert such as a mediator or lawyer familiar with Dutch law
3Compare the calculation with current maintenance and discuss any differences with your ex-partner
4Engage legal help if you can't reach agreement together or go to the Dutch courts for a maintenance ruling

Sample letter or template

MijnRecht.AI can help you draft a request to establish or modify maintenance payments in the Netherlands. We create a legally correct letter in which your circumstances and calculations are clearly explained for your ex-partner or the Dutch courts.

Where can you get help?

For help with maintenance calculations in the Netherlands, you can contact the Legal Counter (Juridisch Loket) for free advice, a mediator for negotiation, or a lawyer for legal assistance. In case of disputes, you can go to the Dutch courts. There are also specialised maintenance agencies that make calculations and handle collection.

Conclusion

Calculating maintenance in the Netherlands doesn't have to remain unclear. With the right information and possibly professional help, you can ensure a correct calculation that does justice to everyone's financial situation under Dutch law. Don't forget that maintenance can always be adjusted if circumstances change.

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