Procedure for Adjusting Maintenance at the Amsterdam District Court
The maintenance adjustment procedure provides Amsterdam residents with a legal avenue to revise an ongoing maintenance payment, for example due to financial changes such as higher living costs in the city. This applies to child maintenance or spousal maintenance and preferably starts with mutual consultation, followed by an application to the Amsterdam District Court.
What does the procedure involve?
In family law, maintenance ensures financial support after a divorce or dissolution of a partnership. In Amsterdam, with its high cost of living, adjustments are often necessary due to changes such as job loss or increased childcare costs. Begin with discussions between ex-partners; if it escalates, proceed to court. This article outlines the steps, requirements and practical aspects, as an extension of our piece on changing maintenance. For advice, contact the Juridisch Loket Amsterdam.
Legal basis
The rules fall under the Civil Code Book 1 (CC) and the Code of Civil Procedure (CCP). Key articles:
- Art. 1:401 CC: Review of child maintenance due to changed circumstances.
- Art. 1:407 CC: Application for determination or modification of child maintenance.
- Art. 1:160 CC: Adjustment of spousal maintenance.
- Art. 262 et seq. CCP: Petition procedure at the Amsterdam District Court.
The court assesses whether the change is 'permanent' and not foreseen in the previous decision.
Conditions for adjustment
You must prove that circumstances have permanently changed. Typical cases in Amsterdam:
- Drop in income (promotion, dismissal or flexible work in the city).
- Increased child-related expenses, such as schooling in Amsterdam.
- New marriage or additional children in the household.
For child maintenance, the child's needs take priority; for spousal maintenance, the court considers reasonableness.
Steps in the maintenance adjustment procedure
The process at the Amsterdam District Court:
- Mutual consultation: Discuss with the ex-partner and document everything. Try the maintenance calculator from the Legal Aid Board, or enlist the help of Juridisch Loket Amsterdam.
- Draft a settlement agreement: Formalise the agreement with a notary (€200-€500) or have it approved by the court.
- Submit application: If negotiations fail: file a petition at the Amsterdam District Court (district of the counterparty). Form available via Rechtspraak (€85 court fee).
- Hearing: Often decided without a hearing, sometimes with one. Duration: 4-12 weeks in Amsterdam.
- Judgment: Possibly retroactive from the date of the petition, on request.
- Enforcement: Judgments to bailiff or Landelijk Incassobureau (LIB).
Comparison of child maintenance and spousal maintenance
| Aspect | Child maintenance | Spousal maintenance |
|---|---|---|
| Legal article | Art. 1:401-407 CC | Art. 1:157-160 CC |
| Criterion | Child's needs central | Reasonable requirements |
| Procedure duration | Often 6 weeks | Longer, with hearing |
| Indexation | Annual automatic | Not automatic |
Practical examples
Example 1: Child maintenance in Amsterdam
A father from Amsterdam-West loses his job (income from €4,000 to €2,500 net). Petition to the Amsterdam District Court reduces €500/month to €300, retroactively. Mother pays via LIB if refused.
Example 2: Spousal maintenance
Ex-partner inherits €100,000. Payer requests modification; court halves €800/month due to reduced needs.
Example 3: Dispute
Disagreement over child's study costs in Amsterdam. Court adjusts after evidence such as invoices.
Rights and obligations
Rights:
- Apply yourself without a lawyer.
- Free assistance via Juridisch Loket Amsterdam or Legal Aid Board (for low income).
- Interim relief (art. 223 CCP).
Obligations:
- Provide evidence (payslips, tax returns).
- Continue payments during proceedings.
- Cooperate in mediation.
Frequently asked questions
Can I change maintenance without going to court?
Yes, with a settlement agreement. Check with Juridisch Loket Amsterdam or a notary for validity.
How long does it take at the Amsterdam District Court?
4-12 weeks, faster in urgent cases.
What if the other party doesn't cooperate?
Court decides unilaterally; LIB for collection.
Retroactive?
Yes, from the petition date if specified.
Tips and recommendations
- Document thoroughly: Keep records of correspondence and finances.
- Use tools: Calculate via the maintenance tool or visit Juridisch Loket Amsterdam.
- Amsterdam Municipality: Check subsidies for low incomes.
- Prepare in advance: Gather evidence early for quicker resolution.