Calculating maintenance is a complex process based on national standards. This considers both the financial needs of the recipient and the payment capacity of the payer.
National Trema Guidelines
For a consistent calculation, judges apply the Trema guidelines, also known as the Maintenance Standards Report. These standards are updated annually by the Expert Group on Maintenance Standards.
Process for Spousal Maintenance Calculation
| Step | Description |
|---|---|
| 1 | Determining the marriage-related needs (60% of net family income) |
| 2 | Subtracting the recipient's own income |
| 3 | Determining the paying party's capacity to pay |
| 4 | The maintenance amount is the lowest of the needs or capacity to pay |
Factors in Capacity-to-Pay Determination
When determining capacity to pay, account is taken of:
- Net income (salary, benefits, business profits)
- Capacity-free income (social assistance level + housing costs)
- Necessary expenses (healthcare costs, transport, debt repayment)
- Obligations within a new family
Child Maintenance: How Does It Work?
- Determine the child's costs based on Nibud guidelines
- Reduce this amount by the child-related budget
- Divide the remaining costs based on both parents' capacity to pay
- Account for care reduction for the non-custodial parent
Online Tools for Maintenance
Various online tools can provide an estimate of maintenance amounts:
- Nibud tool for maintenance calculation
- Calculator on Rechtspraak.nl
- Calculation aid on Alimentatie.nl
Note: these tools provide only an indication; a definitive calculation remains custom-made.
Specific Circumstances
| Circumstance | Effect on Calculation |
|---|---|
| Entrepreneur/Sole Trader | Average profit over 3 years is used |
| Fluctuating income | Calculation based on average or standardised income |
| Extra income (bonus, 13th month) | Is included as part of income |
| New relationship | May affect capacity to pay |
Can I calculate maintenance myself?
With online tools, you can make a rough estimate, but for a precise calculation, expertise is needed. A lawyer or mediator in Zoetermeer can prepare a legally sound calculation.What if my ex-partner hides income?
The court can oblige your ex to provide financial data. In case of refusal, an estimated income may be used. You can also request data via the Tax Authorities or employer.Is holiday pay included in the calculation?
Yes, holiday pay, end-of-year payments, and fixed bonuses are included. The total amount is divided over 12 months for a monthly average.Frequently Asked Questions about Maintenance in Zoetermeer
How is spousal maintenance determined using the Trema standards?
The calculation proceeds in four phases: first, the marriage-related needs are established (60% net family income). Then, the recipient's own income is subtracted. Next comes the payer's capacity-to-pay calculation, taking into account income and expenses. The final amount is the minimum of needs or capacity to pay. A lawyer in Zoetermeer can assist with this.
Which income is included in capacity to pay?
All forms of income count, such as salary, benefits, business profits, holiday pay, and bonuses. These are converted to a monthly amount. Asset income may also be included. After deducting capacity-free income and necessary costs, the capacity to pay remains.
How does child maintenance work and what is care reduction?
Child maintenance is determined using Nibud tables for the child's costs. The child-related budget is deducted, and the remaining costs are divided based on capacity to pay. Care reduction lowers the amount for the non-custodial parent with greater care responsibility, such as in co-parenting.
Can maintenance be adjusted in case of changes?
Yes, in case of changed circumstances such as loss of income, new family expenses, or a different care arrangement, you can file a modification request with the District Court of The Hague. A mediator or lawyer in Zoetermeer can help you with this.
For legal support, you can go to the Zoetermeer Legal Aid Office or a specialised lawyer in the region. Maintenance cases fall under the District Court of The Hague.