A divorce does not end the obligation to provide each other with necessary financial support. The obligation to contribute to the costs of raising and caring for your children does not lapse in the event of a divorce. These duties of care continue to exist in the form of partner support and child support.
CHILD SUPPORT AND PARTNER SUPPORT
As parents, you have a financial responsibility towards your children from birth. If you separate, you may have to pay child support. When determining the amount of child support, the financial capacity of both parents and the costs of the care scheme (care discount) are taken into account.
Child support continues until the child is 18 or 21 years old.
If you are married or have entered into a registered partnership, you may have to pay partner support when you separate.
When calculating the partner support, the financial capacity of you and your partner is taken into account, i.e. both your incomes and various expenses such as housing costs, health insurance premiums and costs of interest and repayment of debts.
Calculating support is tailor-made work. Obviously, our specialists have excellent knowledge of the standards and guidelines used by the courts. However, every situation is different, so each case must be examined according to need, financial capacity and all relevant circumstances.
Support calculations are made using what are called the ‘trema’ standards. When calculating child and partner support, the net family income you had at the time of the marriage is first taken into account. The costs of the children and the need for partner support are based on this. The costs of your children are determined based on the Nibud tables.
CHANGE IN SUPPORT
If you pay or receive support, this may have to be changed at a later point in time due to changed circumstances. Maybe one party has started to earn more or the other less, or other circumstances have changed so that the previously determined support is no longer reasonable. You can resolve this amongst yourselves. If that does not work, you can request a change from the court.
WHY USE OUR DIVORCE LAWYERS TO CALCULATE SPOUSAL SUPPORT?
Our divorce lawyers have the specialised financial and tax knowledge that is indispensable for sound advice in your situation, especially if a company is involved.
We are also happy to assist you if the support payment needs to be changed – initially in consultation with the former partner and then, if necessary, also in legal proceedings.
We keep a close eye on current changes in the field of support law. Thanks to our many years of experience, we are very capable of answering your questions in this area and carrying out proper calculations.
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