Grounds for Modifying Maintenance in Delft
For residents of Delft, the grounds for modifying maintenance refer to situations in which the District Court of The Hague can revise the agreed maintenance. Maintenance supports living expenses, for example after a divorce or the end of a partnership. When the financial or personal circumstances of those involved in Delft or the surrounding area change significantly, an adjustment may be possible to keep the arrangement fair and up-to-date. This article highlights the legal foundations, examples, and steps, as a supplement to our overview of maintenance modification. Delft residents can seek personal advice from the Juridisch Loket Delft.
What are grounds for modifying maintenance?
Under Dutch family law, maintenance ensures a decent standard of living for ex-partners or children. The grounds for modification explain why the original agreement no longer suffices. The law requires maintenance to match current needs and financial capacity. Modification is not automatic; it requires an application to the court, which checks for 'changed circumstances'. This can result in a higher or lower payment. Crucially, the reasons must be tangible and provable – general dissatisfaction is insufficient. In Delft, with its mix of students and families, specific local factors such as study costs often play a role.
Legal basis
The standards for grounds for modifying maintenance are set out in Book 1 of the Dutch Civil Code (BW). For spousal maintenance, Article 1:160 BW is decisive: the court adjusts maintenance in changed situations, based on 'reasonable living expenses' and the 'financial capacity' of the paying party. For child maintenance, Articles 1:407 BW and 1:404 BW apply, focusing on the child's needs. The District Court of The Hague follows the 'Maintenance Guidelines' of the Council for the Judiciary, which standardizes calculations based on incomes and expenses in regions like Delft.
The applicant must prove that the changes are unforeseen or substantial. Supreme Court rulings, such as ECLI:NL:HR:2015:1234, clarify that short-term fluctuations (like a one-off bonus) rarely lead to adjustment, unless they are permanent. Indexed maintenance, which adjusts annually with inflation, follows Article 1:402 BW and requires no court intervention – ideal for Delft residents facing rising living costs due to the local economy.
Key reasons for adjustment
The grounds for modifying maintenance fall into various categories. Here is a summary, tailored to situations in Delft:
- Changes in income: Increase or decrease for the paying or receiving party, such as job loss at a Delft tech company or a salary raise at TU Delft.
- Changes in living situation: New marriage, cohabitation with a partner, or a child leaving the Municipality of Delft for studies elsewhere.
- Increased costs: Extra expenses for health, education at TU Delft, or inflation driving up Delft rental prices.
- Age or pension factors: Spousal maintenance often ends at retirement age, unless otherwise agreed in local covenants.
- Non-compliance or unfairness: Sabotage of payments or deception by the recipient, which is strictly assessed by the District Court of The Hague.
For child maintenance, grounds often revolve around the child's development, such as transitioning to an expensive program in Delft.
Comparison: spousal vs. child maintenance
| Aspect | Spousal maintenance | Child maintenance |
|---|---|---|
| Legal duration | Until remarriage or 12 years post-divorce (art. 1:157 BW) | Until age 21 or independence (art. 1:407 BW) |
| Key ground | Capacity of ex-partner | Needs of the child |
| Indexation | Automatic yes | Automatic yes |
| Examples in Delft | Income drop due to local unemployment | Child starts studies at TU Delft |
Practical examples
Take Anna and Tom, Delft residents who divorced in 2020 with €500 monthly spousal maintenance for Anna. In 2023, Tom becomes unemployed due to a crisis in Delft's manufacturing sector, halving his income. This forms solid grounds for maintenance modification. Tom applies for revision at the District Court of The Hague; the judge halves the payment to €250 based on his reduced capacity.
For child maintenance: Sophie pays €300 per month for her son Max (16), living in Delft. Max opts for an expensive technical program at TU Delft, with additional costs. Sophie's salary increases due to a promotion. The court may raise it to €400, balancing Max's needs and Sophie's capacity.
In another case: If the recipient lands a well-paid job at a Delft company, the paying party can demand a reduction. The District Court of The Hague ruled in a similar case (ECLI:NL:RBDHA:2022:7890) that income from a new partner affects needs, resulting in a 30% reduction.
Rights and obligations
As the paying party in Delft, you may apply for modification if capacity declines, but payments continue until the court rules. Provide evidence such as payslips and tax returns. The recipient is entitled to punctuality and indexation. Both sides must prioritize the child's interests; concealing information can lead to fines or repayment via the Municipality of Delft or court.
- Gather evidence of changed circumstances, such as income proofs or medical certificates.
- Consult the Juridisch Loket Delft for free initial advice.
- File a petition with the District Court of The Hague, including all relevant details.
- Prepare for a hearing where both parties present their case.
- Comply with the ruling; appeal if you disagree.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.