Trema Standards Maintenance in Utrecht: How is Maintenance Contribution Calculated?
The Trema standards form the standard in the Netherlands, including Utrecht, for calculating **maintenance** (maintenance contribution) in cases of divorce or after the termination of cohabitation. They ensure a balanced distribution of costs based on incomes, care percentages, and personal circumstances. In Utrecht, institutions such as the District Court of Midden-Nederland (Vrouwe Justitiaplein 1) and the Juridisch Loket Utrecht (Catharijnesingel 55) assist in applying these standards for a fair arrangement.
What are the Trema Standards and How Do They Work in Utrecht?
The **Trema standards** are government guidelines for maintenance calculations, rooted in the **Maintenance Act** (art. 1:270-1:285 CC). They are managed via the Trema scheme and provide a standardized approach to avoid disputes. In the Utrecht region, judges of the District Court of Midden-Nederland apply these standards in family law cases.
Fields of application:
- Child maintenance between parents and minors.
- Spousal maintenance after divorce.
- Maintenance for adult children with special needs.
Key factors:
- Net disposable income of both parties.
- Care division (e.g., co-parenting or primary care).
- Living circumstances such as housing costs in Utrecht or medical expenses.
Consult the District Court of Midden-Nederland for local procedures.
Legal Basis and Application in Utrecht
The standards derive from:
- Art. 1:270 CC: Parents' duty to maintain children until independence.
- Art. 1:272 CC: Assessment of amount based on capacity to pay and necessity.
- Art. 1:274 CC: Spousal maintenance in case of financial dependency.
They are adjusted annually by the Ministry of Justice, taking inflation into account. Judges in Utrecht follow these as a guideline, but parties may deviate provided it is reasonable. For free advice: visit the Juridisch Loket Utrecht, Catharijnesingel 55.
Calculation of Maintenance According to Trema Standards in Utrecht
The model is step-by-step and takes into account Utrecht-specific costs such as higher rental prices.
Step 1: Determine Net Income
From gross income (salary, benefits) deduct taxes, premiums, and fixed housing and living costs. Result: maintenance capacity to pay.
- Example: €4,500 gross in Utrecht → after deduction approx. €2,800 available.
Step 2: Analyze Care Time
Parents with more than 35% care pay less. Categories:
- Equally shared care (approx. 50/50): Lower contribution.
- Primary care (>65%): Payer contributes more.
- Sole care: Full focus on income of receiving parent.
Step 3: Match Capacity to Pay and Need
Use online calculation tools or consult experts in Utrecht for precision. The standards minimize the 'wear and tear amount' (minimum own costs).
Assistance with Trema Standards in Utrecht
- District Court of Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht – for hearings and judgments.
- Juridisch Loket Utrecht: Catharijnesingel 55 – free intake and referral.
- Use the Government calculation tool for an estimate.
Tip: Document incomes and care times carefully for a Utrecht judge.