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Familierecht

Child Support Calculation for Delft Residents

Learn to calculate child support for Delft residents: financial capacity, Tremarapportage, and step-by-step guide. Advice via Juridisch Loket Delft. (118 characters)

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Child Support Calculation for Delft Residents

For residents of Delft, the child support calculation determines the monthly amount a parent contributes to the children's upbringing costs after a divorce or for unmarried parents. This is based on both parents' financial capacity and the child's needs, in line with the national guidelines of the Council for the Judiciary. It ensures a fair cost-sharing arrangement, particularly relevant for Delft residents divorcing through the District Court of The Hague.

Legal Basis in the Netherlands

Child support is governed by Book 1 of the Dutch Civil Code (DCC). At its core is Article 1:404 DCC, which requires parents to contribute to their children's care and upbringing proportionate to their financial capacity. The District Court of The Hague, which has jurisdiction over Delft, applies the Tremarapportage (Trots Method for Minors' Maintenance Guidelines) as the standard approach.

Article 1:405 DCC covers judicial determination, while Article 1:407 DCC addresses adjustments due to changed circumstances. The 2023 Tremarapportage (with updates) includes tables for child costs and social assistance norms applicable to your situation in Delft.

Step-by-Step Calculation Guide

The child support calculation follows a structured process. Try the free Child Support Quick Calculator on rechtspraak.nl, but consult the Juridisch Loket Delft for personalized advice in complex cases.

  1. Determine incomes: Parents' gross incomes, including benefits, bonuses, and any maintenance received. Assets exceeding €57,000 (2024) are treated as income.
  2. Calculate financial capacity: Net income after deducting housing costs, healthcare expenses, and the social assistance norm (minimum living costs).
  3. Estimate child needs: Based on age and number of children using Trema tables.
  4. Apply distribution key: Proportional capacity split multiplied by child needs equals the payment amount.
  5. Account for care discount: The caring parent receives a reduction for their own care provision (often 50% in co-parenting arrangements).

Detailed Financial Capacity

Financial capacity is what remains after deducting:

  • Social assistance norm (age-specific).
  • Housing costs (rent or mortgage).
  • Debts and additional expenses.
Example: Net €3,000 minus social assistance norm of €1,200 = €1,800 capacity.

Standard Child Costs

The Tremarapportage provides tables for child needs. Simplified table for one child (2024, unindexed):

AgeMonthly Needs (€)
0 to 5 years550
6 to 11 years650
12 to 15 years750
16 to 21 years850

Multiple children? Apply adjustment factors.

Practical Examples

Case 1: Basic Example. Father €4,000 net, mother €2,500 net. Child aged 10. Father's capacity €1,500, mother's €800. Total €2,300. Needs €650. Split 65/35: father pays €422.

Case 2: Equal Co-Parenting. 50/50 care, €1,000 capacity each. Needs €650 minus 50% care discount = €325. Often results in no or minimal support.

Case 3: Low Income. Capacity below social assistance norm? Support €0. Self-employed: use average profit over 3 years.

Rights and Obligations

Rights:

  • Caring parent: Enforce payment via LBIO.
  • Paying parent: Access to details and adjustments for income drops.

Obligations:

  • Annual indexation (CPI).
  • Report income changes within one month.
Non-compliance: Enforcement or penalties (Article 1:410 DCC). In Delft, the Municipality of Delft offers debt counseling.

Frequently Asked Questions

How often to recalculate?

Annual indexation or upon changes. Use the Quick Calculator or Juridisch Loket Delft.

New Partner's Income?

No, only your own income counts.

Studies after 18?

Up to age 21 if studying and low income (Article 1:407(2) DCC).

Calculate Yourself?

Yes, via rechtspraak.nl, but court ruling is binding in disputes.

Tips for Delft Residents

  • Download the Tremarapportage from rechtspraak.nl.
  • Include amount in parenting plan for divorce.
  • Mediation via Council for Legal Aid or locally through Juridisch Loket Delft.
  • See also: Child Support or Spousal Support.
  • Tax-deductible for paying parent.

For advice in Delft: contact Juridisch Loket Delft or a specialist.