Following a divorce, a duty of care remains between the former spouses. This duty of care can mean that one former spouse is required to pay maintenance to the other partner (spousal support). If children are born during the relationship, also following the divorce or separation, the parents remain responsible for the costs of maintaining their children. For that reason, child maintenance payments must be made to the parent responsible for the care tasks.
The amount and duration of the maintenance obligations differs in individual cases. The ‘bare’ figures are certainly not all-encompassing, particularly when a business is involved. Specifically in these cases, an attorney must be able to thoroughly understand the financial statements and corporate structure of the business. We can provide the specialist knowledge needed for this task, and are able to prepare maintenance calculations.
Every year, the level of child maintenance and spousal support is indexed. The Ministry of Justice monitors the wage index figures in setting the indexing percentage. These figures are based by Statistics Netherlands on salary developments in industry and government. In mutual consultation, it is possible to deviate from the statutory indexation level. In the event of a divorce or separation (or later) for example the parties can (temporarily) exclude indexing, or agree on an alternative indexing method. If they have not done so, statutory indexing will be applied. Do you wish to be kept informed each year of the indexing percentage for child maintenance and spousal support?