The indexation for child maintenance and spousal maintenance is set each year. The reason for indexing maintenance is that prices (and often wages) rise each year due to inflation, meaning less can be bought with the maintenance amount, which was usually determined in the past. Indexing the maintenance ensures that the standard of living does not have to be adjusted. If you are paying maintenance, remember to increase the amount. If you are receiving maintenance, check whether your ex-partner is paying the indexed amount of maintenance this month.

Calculating maintenance with LBIO

In October 2023, the indexation percentage for 2024 was set at 6%. Per 1 January 2024, maintenance has been increased by this 6.2%. You can calculate the new maintenance payment on the LBIO website (National Agency for the Collection of Maintenance).

Deviating from the maintenance indexation

You can agree to deviate from this principle and agree that no indexation will occur. If such agreements have been made, they are often found in the parenting plan that includes the child maintenance or in the divorce settlement agreement containing all divorce-related agreements. Maintenance should be indexed unless stated otherwise.

Refusing maintenance indexation

If your ex-partner does not pay the increase, we advise you first to contact your ex-partner and ask them to pay the due amount. If your ex-partner refuses to pay the full amount, you can collect the shortfall through the LBIO. They will claim the arrears at no cost to you.

Recalculating maintenance

If you pay or receive maintenance, it is good to occasionally reflect on the existing arrangements and see whether they are still appropriate for the current situation. If the maintenance was agreed upon or set a long time ago, and there has been a change in circumstances that could affect it, this could be a reason for recalculation.

More information on indexing child or spousal maintenance?

If you would like more information on indexing child or spousal maintenance or have any general questions about maintenance, please contact me or one of our other divorce lawyers. We would be happy to help.