Trema guidelines maintenance in Amsterdam: how is the maintenance contribution calculated?
The Trema guidelines form the standard guidelines in the Netherlands, including Amsterdam, for calculating **maintenance** (maintenance contribution) between ex-partners or parents and children. They ensure a fair and predictable distribution of costs, taking into account incomes, care tasks, and local circumstances. In case of divorce, after termination of cohabitation, or for child maintenance in Amsterdam, these guidelines are essential for a fair agreement. Local authorities such as the Amsterdam District Court (Parnassusweg 220) and the Amsterdam Legal Aid Office (Vijzelstraat 77) apply them.
What are the Trema guidelines in Amsterdam?
The **Trema guidelines** are government guidelines for maintenance calculations, based on the **Maintenance Act** (art. 1:270-1:285 CC). They are updated via the Trema scheme and provide an objective approach to avoid disputes. In Amsterdam, judges and lawyers use these guidelines daily.
Applicable to:
- Child maintenance between parents and children.
- Partner maintenance after divorce.
- Maintenance for adult children with special needs.
Factors:
- Net income of both parties.
- Care percentages (e.g., co-parenting arrangements).
- Local living circumstances (high Amsterdam rental prices, care costs).
In Amsterdam, you can go to the Amsterdam District Court (Parnassusweg 220) for proceedings.
Legal basis and application in Amsterdam
No separate law, but ministerial guidelines based on:
- Art. 1:270 CC: Maintenance obligation of parents for children.
- Art. 1:272 CC: Amount based on capacity to pay and need.
- Art. 1:274 CC: Partner maintenance in case of dependency.
Annually adjusted by the Ministry of Justice, with attention to urban costs such as in Amsterdam. Judges at the Amsterdam District Court follow them strictly, unless parties agree on a reasonable deviation. Free advice? Go to the Amsterdam Legal Aid Office (Vijzelstraat 77).
Trema guidelines calculation: step by step
Step-by-step method, adapted to Amsterdam reality (high housing costs).
1. Determine net income
From gross to available income:
- Gross salary, benefit, or pension.
- Minus taxes and premiums.
- Minus standard housing and living expenses (in Amsterdam often higher due to rent).
Example: €4,500 gross in Amsterdam becomes approx. €2,800 available after deductions.
2. Care division
Distinction:
- 50/50 care: Equal maintenance reduction.
- Majority care (>35% time): Higher contribution.
- Primary caregiver: Full contribution.
3. Capacity to pay and need
Split available income: 50/50 for living expenses, remainder for maintenance. Use online calculators or consult the Legal Aid Office.
Help in Amsterdam
- Amsterdam District Court, Parnassusweg 220: For judgments.
- Amsterdam Legal Aid Office, Vijzelstraat 77: Free advice.
- Online Trema calculators via rechtspraak.nl.