Adjusting maintenance is possible in the event of significant changes in your situation. Both the payer and the recipient can file a request for modification.
Reasons for adjustment
A modification of maintenance can be requested in the following situations:
- Change in income: Unemployment, salary increase or disability
- New partner: Cohabitation or a new marriage
- Change in housing costs: Moving to another home
- Children: A child reaches the age of 18 or starts working
- Medical situation: Health problems that affect work or care
Steps for modification
| Step | Description |
|---|---|
| 1 | First try to reach a new agreement together |
| 2 | Put the agreements in writing |
| 3 | No agreement? File a request via a lawyer |
| 4 | The court assesses whether adjustment is necessary |
Start date of the modification
The judge determines when the modification takes effect. Possible dates are:
- Date of filing the request (most common)
- Date on which the situation changed
- Date of the judgment
Retroactive effect in adjustments
A reduction with retroactive effect is often complicated if the recipient has already spent the money. The judge considers whether repayment is feasible. In the case of an increase, retroactive effect is usually applied.
Annual indexation
Every year on 1 January, maintenance is automatically adjusted based on the indexation percentage. This is not a modification, but a standard correction based on price and wage developments.
May I pay less maintenance myself in the event of loss of income?
No, you may not pay less without consultation or a court decision. The original maintenance remains in force until a new arrangement has been established. In the event of non-payment, the recipient can still claim the arrears.What if my ex-partner has a new relationship and is cohabiting?
In the case of cohabitation as if married, spousal maintenance ends permanently (according to the law). You must prove this. Note: child maintenance remains unaffected.What is the duration of a modification process?
A procedure for maintenance modification usually takes 3 to 6 months. In urgent cases, you can request an interim measure, in which the judge makes a temporary decision within a few weeks.Frequently asked questions about maintenance in Utrecht
When can I apply for a maintenance modification?
In the event of significant changes such as income fluctuations, cohabitation, moving, health problems or when a child turns 18, you can apply for a modification. The court determines whether the situation justifies an adjustment. First try to find a solution together.
How do I start a request for modification?
First discuss with your ex-partner whether a new arrangement is possible and record it in writing. If this does not succeed, engage a lawyer for a petition to the court. A procedure takes an average of 3-6 months, but in case of urgency a temporary measure is possible.
May I pay less myself if my income decreases?
No, you may not pay less without permission or judgment. The original obligation remains in force. In the event of non-compliance, the recipient can claim the difference. First apply for an official modification.
What if my ex-partner starts cohabiting?
In the case of cohabitation as if married, spousal maintenance stops. You must demonstrate this, for example with proof of a shared household. Child maintenance, however, remains unchanged. File a request with the court to arrange this officially.
Is retroactive effect possible in maintenance modification?
A reduction with retroactive effect is often difficult if the money has already been spent. The judge examines whether repayment is fair. In the case of an increase, retroactive effect is more often applied, for example from the date of change or the request.
How does the annual indexation of maintenance work?
Maintenance is automatically increased every year as of 1 January by the statutory indexation percentage. This is a standard adjustment to price and wage increases. You do not need to do anything, but check whether it has been correctly implemented.
Relevant authorities in Utrecht:
- District Court of Midden-Nederland, Vrouwe Justitiaplein 1
- Juridisch Loket Utrecht, Catharijnesingel 55