In Zoetermeer, maintenance can be adjusted in case of significant changes in circumstances. Both the payer and the recipient have the right to request an amendment.
Reasons for Adjustment
An amendment to maintenance is possible under the following circumstances:
- Change in income: Such as dismissal, a new job or incapacity for work
- Relationship status: In case of cohabitation or a new marriage
- Change in living expenses: Due to a move
- Children: When a child turns 18 or has its own income
- Health problems: Illness that affects work or care costs
Step-by-Step Plan for Amendment
| Step | Action |
|---|---|
| 1 | First try to reach a new agreement together |
| 2 | Put the agreements in writing and have them ratified |
| 3 | No agreement? File a request via a lawyer |
| 4 | The District Court of The Hague assesses whether the adjustment is justified |
Start Date of the Amendment
The court determines when the amendment takes effect. This can be:
- The date of filing the request (most common)
- The date on which the situation changed
- The date of the judgment
Retroactive Effect upon Adjustment
Retroactive effect in case of a reduction is often complicated, especially if the recipient has already spent the money. The court considers whether repayment is fair. In case of an increase, retroactive effect is more frequently applied.
Annual Indexation
In Zoetermeer, maintenance is automatically adjusted each year as of 1 January based on the indexation percentage. This is not an amendment, but a standard correction based on price and wage increases.
May I pay less maintenance myself in case of income reduction?
No, you may not adjust the amount independently. Without a new agreement or court decision, the original amount remains in force. If you pay less, the recipient can still claim the difference.What if my ex-partner starts cohabiting in Zoetermeer?
In case of cohabitation as if married, spousal maintenance ends permanently (pursuant to the law). However, you must be able to prove this. Note: this does not apply to child maintenance, which remains in effect.How long does a maintenance amendment take in Zoetermeer?
A procedure for amendment usually takes 3 to 6 months. In urgent cases, you can request an interim measure from the District Court of The Hague, resulting in a temporary decision within a few weeks.Frequently Asked Questions about Maintenance in Zoetermeer
When can I adjust maintenance?
An adjustment is possible in case of major changes such as change in income, cohabitation, moving house, health problems or when a child becomes an adult. The District Court of The Hague determines whether the change provides sufficient grounds. First try to reach agreement together.
How do I start a request for amendment?
First discuss with your ex-partner whether you can make new arrangements together and record them. If this fails, engage a lawyer for a petition to the court. A procedure takes on average 3-6 months, but in case of urgency a temporary solution is possible.
Can I pay less myself with lower income?
No, without an official agreement or judgment the old amount applies. Paying less may lead to the recipient claiming the difference. First file a request or reach written agreement.
What if my ex-partner is cohabiting?
In case of cohabitation as if married, spousal maintenance stops. You must demonstrate this, for example with proof of a shared household. Child maintenance remains unchanged, however. File a request with the court to arrange this officially.
Is retroactive effect possible?
In case of a reduction this is difficult if the money has already been spent; the court determines whether repayment is reasonable. In case of an increase, retroactive effect is often applied, for example from the date of change. Consult your lawyer about this.
How does indexation of maintenance work?
As of 1 January, maintenance is automatically adjusted based on the statutory percentage. This is a standard correction and not an amendment. You do not need to do anything, but check whether the adjustment has been correctly implemented.
Contact and Assistance in Zoetermeer
For legal advice, you can go to the Juridisch Loket Zoetermeer. Procedures are handled by the District Court of The Hague.