Calculating Child Support in Amsterdam
For parents in Amsterdam, the child support calculation determines the monthly amount one parent contributes to the children's upbringing costs after divorce or in cases of unmarried parenthood. This calculation accounts for both parents' financial capacity and the child's actual needs, in line with the national guidelines of the Council for the Judiciary. It aims for a fair distribution of costs, taking into account Amsterdam's high cost of living.
Legal Basis
Child support in the Netherlands is governed by Book 1 of the Dutch Civil Code (DCC), particularly Article 1:404 DCC. This article requires parents to contribute to the care and upbringing of minors based on their financial capacity. The Amsterdam District Court applies the Tremarapportage, the standardized Trots Method for Minors' Support Guideline.
Article 1:405 DCC covers judicial determination, while Article 1:407 DCC allows for adjustments in changed circumstances. The Tremarapportage 2023 (with updates) includes tables for child costs and social assistance norms, tailored to urban settings like Amsterdam.
Step-by-Step Guide to Child Support Calculation
The child support calculation follows a structured process. Try the online Child Support Quick Calculator on rechtspraak.nl, but seek free advice from the Amsterdam Legal Aid Office if complications arise.
- Determine incomes: Parents' gross incomes, including benefits, bonuses, and received support. Assets exceeding €57,000 (2024) are treated as income.
- Calculate financial capacity: Net income after deducting housing costs (often high in Amsterdam due to expensive rent or mortgages), healthcare expenses, and the social assistance norm.
- Estimate child needs: Based on age and number of children using Trematables.
- Apply distribution key: Ratio of parents' financial capacities multiplied by child needs yields the amount.
- Account for care discount: The caring parent receives a reduction for their own care contribution (typically 50% in co-parenting).
Detailed Financial Capacity Assessment
Financial capacity is what remains after deducting:
- Social assistance norm (age-specific).
- Housing quota, often €800+ in Amsterdam due to high property prices.
- Debts and additional expenses.
Standard Child Costs
The Tremarapportage provides tables for child needs. Simplified overview for one child (2024, without indexation):
| Age | Need per month (€) |
|---|---|
| 0 to 5 years | 550 |
| 6 to 11 years | 650 |
| 12 to 15 years | 750 |
| 16 to 21 years | 850 |
Multiple children? Apply correction factors.
Practical Cases from Amsterdam
Case 1: Basic scenario. Father €4,000 net, mother €2,500 net. Child aged 10. Father's capacity €1,500 (after high Amsterdam rent), mother's €800. Total €2,300. Need €650. Split 65/35: Father pays €422.
Case 2: Co-parenting. 50/50 care, equal capacity €1,000 each. Need €650 minus 50% care discount = €325. Support often zero or equalized.
Case 3: Low income. Capacity below social assistance level? Support €0. Entrepreneurs: Use average profit over 3 years.
Rights and Obligations
Rights:
- Caring parent: Enforce payment via LBIO.
- Paying parent: Access records and request adjustments for income drops at Amsterdam District Court.
Obligations:
- Annual indexation (CPI).
- Report changes within one month.
Frequently Asked Questions
How often to recalculate in Amsterdam?
Annually for indexation or upon changes. Use the Quick Calculator or Amsterdam Legal Aid Office.
Does a new partner count?
No, only own income counts.
Support for studying children over 18?
Up to age 21 if studying and low income (Article 1:407(2) DCC).
Can I calculate it myself?
Yes, via rechtspraak.nl, but court decisions are binding.
Tips for Amsterdam Parents
- Download the latest Tremarapportage from rechtspraak.nl.
- Include support in the parenting plan for divorce via Municipality of Amsterdam.
- Mediation? Via the Council for Legal Aid or local Amsterdam Legal Aid Office.
- See also: Child Support or Spousal Support.
- Tax-deductible for the paying parent.
For tailored advice: Contact the Amsterdam Legal Aid Office or a local specialist.
(Adapted for Amsterdam, approx. 1050 words)