Procedure for Maintenance Adjustment in Delft
The maintenance adjustment procedure provides residents of Delft with a legal avenue to revise an existing maintenance obligation, for example due to changed income or family circumstances. This applies to child maintenance or spousal maintenance and preferably starts with mutual consultation, followed by an application to the The Hague District Court if that fails.
What does the procedure entail for Delft?
In family law, maintenance ensures financial support after a divorce or dissolution of partnership. For residents of Delft, an adjustment may be necessary due to changes such as job loss, new living expenses in the city, or additional child costs. Begin with discussions between ex-partners; if unsuccessful, proceed to court. This article outlines the steps, requirements, and practice, as an extension of our piece on maintenance adjustment, with a focus on local procedures via the The Hague District Court.
Legal basis
The rules are set out in the Civil Code Book 1 (BW) and the Code of Civil Procedure (Rv). Relevant articles:
- Art. 1:401 BW: Adjustment of child maintenance in case of lasting changes.
- Art. 1:407 BW: Application for modification of child maintenance.
- Art. 1:160 BW: Review of spousal maintenance.
- Art. 262 et seq. Rv: Application to the family court.
The judge in The Hague checks for 'lasting' changes that were not foreseen at the time of the original decision.
Conditions for adjustment in Delft
You must prove that circumstances have permanently changed. Typical cases:
- Change in income, such as promotion or dismissal at a Delft-based company.
- Rising costs for childcare or school in Delft.
- New marriage or additional children in the family.
For child maintenance, the child's best interests take priority; for spousal maintenance, the judge considers fairness.
Steps in the procedure for Delft residents
The process is as follows:
- Attempt amicable agreement: Discuss with the ex-partner and document everything. Use the maintenance calculator from the Legal Aid Board or the Delft Legal Aid Office for a realistic proposal.
- Draft a settlement agreement: Formalize the agreement with a notary (costs €200-€500) or have it approved by the court.
- File an application: If negotiations fail, submit to the The Hague District Court (family division, Delft location). Download the form from Rechtspraak.nl (court fee €85 for individuals).
- Hearing: Often without oral arguments, but possible if required. Duration: 4-12 weeks.
- Decision: Adjustment applies retroactively from the application date, upon request.
- Enforcement: Deliver the judgment to the bailiff or National Collection Agency (LIB).
Comparison of child maintenance and spousal maintenance
| Aspect | Child maintenance | Spousal maintenance |
|---|---|---|
| Legal article | Art. 1:401-407 BW | Art. 1:157-160 BW |
| Test | Child's needs central | Fair requirements |
| Procedure duration | Often 6 weeks | Longer, with hearing |
| Indexation | Annual automatic | Not automatic |
Practical examples from Delft
Example 1: Child maintenance
A father from Delft becomes unemployed (income drops from €4,000 to €2,500 net). Via the The Hague District Court, the judge reduces the €500/month to €300, with retroactive effect. Mother pays via LIB if she refuses.
Example 2: Spousal maintenance
Ex-partner inherits €100,000. The paying party from Delft requests modification; the judge halves €800/month due to reduced need.
Example 3: Dispute
Disagreement over child's study costs at TU Delft. Judge adjusts after proof of invoices.
Rights and obligations
Rights:
- Submit application yourself (no lawyer required).
- Free assistance via Delft Legal Aid Office or Legal Aid Board for low-income individuals.
- Request provisional measures (art. 223 Rv).
Obligations:
- Provide evidence (payslips, tax returns).
- Continue payments during the procedure.
- Cooperate in mediation, even if ordered by the The Hague District Court.
Frequently asked questions for Delft
Can I adjust maintenance without a court?
Yes, with a settlement agreement. Have it reviewed by a notary or the The Hague District Court for certainty.
How long does it take in Delft?
4-12 weeks at the The Hague District Court, faster in urgent cases.
What if the other party doesn't cooperate?
The judge decides unilaterally; enforce via LIB.
Retroactive?
Yes, from the application date, if specified.
Tips for Delft residents
- Document thoroughly: Keep letters and finances, including local costs via Delft Municipality.
- Use tools: Calculate via child maintenance tool and visit Delft Legal Aid Office for advice.
- Seek local support: Delft Municipality provides information on child benefits.