Many parents and young adults in Delft and surrounding areas are unaware of the maintenance obligation for children aged 18 to 21 years. Although children become of legal age at 18, the parents' maintenance obligation does not end immediately. This article explains the rules, including relevant information for the Rechtbank Den Haag (district Delft) and the Juridisch Loket Delft.
What does the maintenance obligation 18-21 years entail?
The maintenance obligation 18-21 years is set out in Article 1:395a of the Dutch Civil Code. Parents must contribute to the living expenses and studies of their children up to the age of 21, regardless of marital status, divorce or recognition. This also applies to adoptive parents.
Legal basis: Article 1:395a CC
According to Article 1:395a CC, the obligation continues until the age of 21 if the child needs maintenance and the parents have sufficient capacity to pay. In the Delft region, these cases are handled by the Rechtbank Den Haag (district).
Conditions for maintenance contribution 18-21 years
Three conditions must be met:
1. Age 18-21 years
Only for children aged 18 to 21 years. At age 21, it ends automatically, except in cases of special agreements.
2. Need for maintenance
The child must have a genuine need and not be able to make ends meet independently. Assessed on:
- Living expenses (food, clothing, housing)
- Study expenses (books, materials)
- Care and insurance
- Own income (part-time job, DUO funding)
- Assets
Part-time jobs or student financing do not always eliminate the need; the court weighs all factors.
3. Parents' capacity to pay
Parents pay according to their means. Calculated based on:
- Net income
- Assets
- Fixed expenses and other obligations
- New family
- Housing costs in the Delft region
No capacity to pay? Then no or lower contribution.
Study and maintenance obligation in Delft
Must the child study? Not mandatory, but working or not pursuing studies may reduce the need.
No study obligation
No legal compulsion to study between 18-21. However, reasonable self-sufficiency may reduce the contribution.
Suitable education
All serious studies count:
- MBO
- HBO/WO bachelor's
- Full-time/part-time
Good progress required; otherwise, the contribution may stop. In Delft: TU Delft students often involved.
How much is the maintenance contribution?
No fixed amount; depends on the situation. Use of Nibud or Tremanorms.
Calculation
Courts (Rechtbank Den Haag) use tables for young adults.
| Cost item | Average p/m |
|---|---|
| Living maintenance | €200-€350 |
| Study costs (excl. tuition fees) | €50-€150 |
| Health insurance | €120-€150 |
| Pocket money/other | €100-€250 |
Assistance in Delft
For advice: Juridisch Loket Delft (free initial assistance). For proceedings: Rechtbank Den Haag, Delft location. Prepare an overview of income, expenses and studies for your case.