Calculating maintenance is a complex process based on national standards. This involves considering both the financial needs of the receiving party and the payment capacity of the paying party.
Trema Guidelines
For a consistent calculation, judges use the Trema guidelines, also known as the Report on Maintenance Standards. These standards are updated annually by the Expert Group on Maintenance Standards.
Process for Partner Maintenance Calculation
| Step | Description |
|---|---|
| 1 | Determining the marriage-related needs (60% of net family income) |
| 2 | Deducting the recipient's own income |
| 3 | Determining the financial capacity to pay of the maintenance payer |
| 4 | The final amount is the lowest of the needs or capacity to pay |
Factors in Capacity to Pay Determination
When determining capacity to pay, account is taken of:
- Net income (salary, benefits, business results)
- Income-free capacity (social assistance level + housing costs)
- Necessary expenses (healthcare costs, transport, debt repayment)
- Obligations within a new family
Determining Child Maintenance
- Determine the costs of the child based on Nibud guidelines
- Deduct child-related budget therefrom
- Divide the remaining costs based on the capacity to pay of both parents
- Apply a care discount for the parent providing less care
Online Tools
Various online tools can provide an initial estimate:
- Nibud tool for maintenance calculation
- Calculator on Rechtspraak.nl
- Calculation aid on Alimentatie.nl
These tools provide an indication; an exact calculation remains custom-made.
Specific Circumstances in Utrecht
| Circumstance | Effect on Calculation |
|---|---|
| Entrepreneur/Sole Trader | Average profit over three years is used |
| Fluctuating income | Calculation based on average or standardized income |
| Extra income (bonus, 13th month) | Is included as part of income |
| New relationship | May affect increase in capacity to pay |
Can I calculate maintenance myself?
With online tools, you can make an estimate, but for a precise calculation, expertise is needed. A lawyer or mediator in Utrecht can prepare a calculation that is legally enforceable in court.What if my ex-partner conceals income?
The court can oblige your ex to share financial data. In case of refusal, an estimated income may be used. In addition, you can request data from the Tax Authorities or the employer.Is holiday pay included in the calculation?
Yes, holiday pay, end-of-year payments, and fixed bonuses are included in the income. This is converted to an average monthly amount by dividing the total by 12.Contact and Assistance in Utrecht
For legal support, you can go to:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht
Frequently Asked Questions about Maintenance in Utrecht
How is partner maintenance exactly determined using the Trema standards?
The calculation proceeds in four steps: determining the marriage-related needs (60% net family income), deducting the recipient's own income, calculating the payer's capacity to pay (taking into account income and expenses), and selecting the lowest amount between needs and capacity to pay. A Utrecht lawyer can assist you with this.
Which income is included in capacity to pay?
All forms of income, such as salary, benefits, business results, holiday pay, and bonuses, are included. This is converted to a monthly amount. After deducting income-free capacity (social assistance norm + housing costs) and necessary expenses, the capacity to pay remains.
How does child maintenance work and what is care discount?
The costs of the child are determined via Nibud tables, after which the child-related budget is deducted. The remaining costs are divided according to the parents' capacity to pay. Care discount reduces the contribution of the non-caring parent in case of greater care responsibility, for example in co-parenting.
Can maintenance be adjusted in case of changes?
Yes, in case of changes such as income reduction, unemployment, or a new care arrangement, you can submit a request for adjustment to the District Court Midden-Nederland in Utrecht. A legal advisor can help you with this process.