Trema Guidelines Maintenance in Delft: How to Calculate Maintenance Contribution?
The Trema guidelines form the standard guidelines in the Netherlands for calculating **maintenance** (maintenance contribution) between ex-partners or parents and children. In Delft and surrounding areas, these guidelines ensure a fair distribution of costs, taking into account incomes, care tasks, and personal circumstances. In case of divorce, after termination of cohabitation, or for child maintenance in the District Court of The Hague district (ressort), the Trema guidelines are essential for a balanced arrangement. Local support can be found at the Juridisch Loket Delft.
What exactly are the Trema guidelines?
The **Trema guidelines** are guidelines drawn up by the government to calculate maintenance objectively. They stem from the **Maintenance Act** (art. 1:270-1:285 CC) and are managed via the Trema scheme. For residents of Delft, they offer a clear method to avoid disputes. Judges at the District Court of The Hague (ressort Delft) regularly apply these guidelines.
Applicable to:
- Child maintenance between parents and minors.
- Partner maintenance after divorce.
- Maintenance for adult children with special needs.
Important factors:
- Net disposable income of both parties.
- Care percentages for children.
- Living circumstances such as housing in Delft or health.
For free advice in Delft: visit the Juridisch Loket Delft.
Legal Basis and Application in Delft
The guidelines are a **ministerial guideline** based on:
- Art. 1:270 CC: Parents' duty to maintain children.
- Art. 1:272 CC: Assessment of amount based on capacity to pay.
- Art. 1:274 CC: Partner maintenance in case of dependency.
In practice, the District Court of The Hague (family law team, ressort Delft) uses these guidelines as a guide, updated by the Ministry of Justice. They are guiding but not mandatory; agreements may deviate provided they are reasonable. Annual adjustments follow inflation and cost of living in regions such as Delft.
Calculation of Maintenance According to Trema Guidelines
The model is step-by-step and adapted to situations with children or partners. Here are the core steps for Delft residents.
1. Determine Net Income
Start with gross annual income, deduct taxes and fixed costs:
- Gross salary, benefit, or pension.
- Minus wage tax and premiums.
- Minus minimum living expenses (housing, food, transport in Delft).
- Result: maintenance capacity to pay.
Example: €4,500 gross/month becomes approx. €2,800 available in the Delft region.
2. Assess Care Division
Care time determines the contribution:
- 50/50 care: Lower maintenance.
- Majority (>35%): Adjusted norm for the caring parent.
- Primary caregiver: Maximum contribution from the other.
3. Calculate Maintenance Amount
Use the Trema table: disposable income minus own needs = scope for payment. Online calculators from the Rechtspraak help. For Delft: consult District Court of The Hague or Juridisch Loket.
4. Indexation and Modification
Maintenance is indexed annually. Modify in case of income change via the court.
Practice in Delft: Help and Procedures
Draw up an agreement or let the judge decide at District Court of The Hague, Delft location. Free intake at Juridisch Loket Delft (Rotterdamseweg 142). They assist with calculations and forms.
- Use the official Trema calculator.
- Consult a mediator for an amicable settlement.
Specific to Delft: high housing costs influence the 'minimum cost contribution'.
FAQ Trema Guidelines Delft
- Are the guidelines mandatory? No, but standard for judges.
- How do I modify maintenance? In case of changed circumstances, via bailiff or court.
- What does legal advice cost? Free at Juridisch Loket Delft for low incomes.