Calculating maintenance is a complicated process based on national standards. This takes into account both the financial needs of the recipient and the payment capacity of the payer.
Trema Standards
For a consistent calculation, judges use the Trema standards, also known as the Maintenance Standards Report. These guidelines are revised 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 | Analysing the capacity to pay of the maintenance payer |
| 4 | The final amount is the lowest of the needs or capacity |
Capacity Analysis
When determining capacity, the following are considered:
- Net income (salary, benefits, business results)
- Basic income without capacity (social assistance level + housing costs)
- Acceptable expenses (such as healthcare costs, transport, debt repayment)
- Obligations to a new family
Determining Child Maintenance
- Determine the child's costs based on Nibud guidelines
- Reduce this by the child-related budget
- Divide the remaining costs based on both parents' capacity
- Apply a care discount for the parent providing less care
Calculation Tools
Online tools can provide an estimate of maintenance amounts:
- Nibud maintenance tool
- Calculator on Rechtspraak.nl
- Calculation aid on Alimentatie.nl
Note: these tools provide only an indication; an exact calculation remains custom-made.
Special Circumstances
| Circumstance | Effect on Calculation |
|---|---|
| Entrepreneur/Self-employed | Average profit over three years is used |
| Fluctuating income | Calculation based on average or standardised income |
| Extras such as bonuses | Are included as income |
| New relationship | May affect capacity |
Can I calculate maintenance myself?
With online tools, you can make a rough estimate, but for a precise calculation, expertise is required. A lawyer or mediator in Rijswijk can make a calculation that is legally enforceable at the District Court of The Hague.What if my ex-partner conceals income?
The court can oblige your ex to produce financial documents. In case of refusal, an estimated income can be used. You can also request information from authorities such as the Tax Authorities or an employer.Is holiday pay included in the calculation?
Yes, holiday pay, end-of-year payments, and fixed bonuses are included in income. This is divided over 12 months for a monthly amount.Frequently Asked Questions
How is spousal maintenance calculated using the Trema standards?The calculation proceeds in four phases: first, the marriage-related needs are determined (60% of net family income). Then, the recipient's own income is subtracted. Next comes the capacity analysis of the payer, taking into account income, expenses, and new obligations. The lowest amount of needs or capacity is the final maintenance amount. An expert in Rijswijk can assist with this. Which incomes are included in capacity?
All income sources are taken into account, such as salary, benefits, business income, holiday pay, and bonuses. These are converted to a monthly amount. Asset income may also be included. After deducting basic income (social assistance + housing costs) and reasonable expenses, the capacity remains. How does child maintenance work and what does care discount mean?
Child maintenance is determined via Nibud tables for the child's costs. The child-related budget is deducted, and the remaining costs are divided based on capacity. Care discount means that the non-caring parent pays less when providing more care, such as in co-parenting, and is automatically processed. 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, maintenance can be revised. For this, you must file a request with the District Court of The Hague. Assistance from a mediator or lawyer in Rijswijk is recommended.
For legal support, you can contact the Juridisch Loket Rijswijk or engage a lawyer via the District Court of The Hague (district).