The amount of the maintenance contribution for children between 18 and 21 years is determined by a careful balancing of the parents' capacity to pay and the child's need. According to article 1:395a CC, the contribution must be reasonable and tailored to the financial situation of both parties.
Capacity to Pay of Parents
The capacity to pay is calculated based on income, fixed expenses and other obligations. Judges use the 'treme norms' as a guideline, which prescribe a percentage of the net income. For single parents, a higher exemption threshold often applies.
Need of the Child
The need includes study costs, housing expenses and living expenses. Invoices for tuition fees, rent and books are essential to substantiate the claim. The child must demonstrate that own income, such as a part-time job, is insufficient.
Practical Examples
In a recent ruling, the court awarded a student €450 per month, based on €1,200 monthly costs minus €300 own contribution. Parents with a joint net income below €4,000 often contribute less.
Important: changes in income must be reported immediately to the court or bailiff for adjustment.