In Rijswijk, maintenance can be adjusted in case of significant changes in circumstances. Both the payer and the recipient have the option to request a modification.
Reasons for Adjustment
A modification of 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
- Relocation: If living expenses change significantly
- Children: When a child reaches the age of majority or has its own income
- Health problems: Illness that affects work capacity or care needs
Steps for Modification
| Step | Description |
|---|---|
| 1 | First try to reach an agreement with the ex-partner |
| 2 | Put the made agreements in writing |
| 3 | No agreement? File a request via a lawyer with the District Court of The Hague |
| 4 | The court rules on the legality of the adjustment |
Start Date of the Modification
The judge determines when the modification takes effect. Possible dates are:
- The date on which the request was filed (most common)
- The date of the changed situation
- The date of the judgment
Retroactive Effect
Retroactive effect in case of reduction is often difficult if the recipient has already spent the money. The judge considers whether repayment is fair. In case of an increase, retroactive effect is usually applied.
Annual Indexation
In Rijswijk, maintenance is automatically adjusted every year on 1 January based on the statutory indexation percentage. This is not a modification, but a standard adjustment to price and wage increases.
Can I pay less maintenance myself in case of income loss?
No, you may not just pay less. 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 Rijswijk?
In case of cohabitation as if married, partner maintenance ends permanently (according to the law). You must prove this, however. This does not apply to child maintenance, which continues.How long does a maintenance modification via the court take?
A procedure usually takes 3 to 6 months. In urgent cases, you can request an interim measure from the District Court of The Hague, with a temporary decision within a few weeks.Frequently Asked Questions about Maintenance in Rijswijk
When can I request a maintenance modification?In case of significant changes such as change in income, cohabitation, relocation, health problems or when a child turns 18. The judge determines whether the situation justifies an adjustment. First consult with your ex-partner before starting a legal procedure. How do I start a modification request?
First try to reach agreement with your ex-partner and record agreements in writing. If this fails, file a request via a lawyer with the District Court of The Hague. A procedure takes on average 3-6 months, but in case of urgency a temporary arrangement is possible. May I pay less if my income decreases?
No, you may not decide yourself to pay less. Without a new agreement or judgment, the old amount applies. If you pay less, the recipient can still claim the difference. What if my ex-partner starts cohabiting?
In case of cohabitation as if married, partner maintenance ends. You must prove this, for example with evidence of a joint household. Child maintenance remains applicable, however. Can a modification have retroactive effect?
In case of reduction, retroactive effect is difficult if the money has already been spent. The judge assesses whether repayment is reasonable. In case of increase, retroactive effect is often applied, for example from the date of the request. How does the annual indexation work?
Maintenance is automatically increased every year as of 1 January by the statutory percentage. This is a standard adjustment to price and wage increases and requires no action on your part. Do check whether it has been correctly implemented.
For legal advice in Rijswijk, you can go to the Juridisch Loket Rijswijk.