Capacity to Pay Calculation for Maintenance in Den Haag
The capacity to pay calculation for maintenance determines how much a parent or ex-partner in Den Haag can contribute to child maintenance or spousal maintenance. This is essential in local family law practice, where income minus own living expenses and essential outgoings is assessed. It ensures a fair sharing of burdens for families in Den Haag.
Why Does the Capacity to Pay Calculation Matter in Den Haag?
At the Den Haag District Court, capacity to pay is central in maintenance cases. The obligation must fit the payer's financial room to avoid financial hardship. An incorrect calculation often leads to disputes. For a basic explanation, see our article on calculating maintenance. In Den Haag, you can get free advice from Juridisch Loket Den Haag.
Legal Basis for Capacity to Pay in Den Haag
The capacity to pay calculation for maintenance is governed by Book 1 of the Civil Code (CC). Article 1:157 CC regulates spousal maintenance based on capacity sharing, while Article 1:404 CC covers the child's needs from both parents' resources.
The Den Haag District Court follows the guidelines of the Expert Group on Maintenance and the Trema guidelines (updated 2023), including standard amounts for housing costs, care, and living expenses in Den Haag. Supreme Court rulings, such as ECLI:NL:HR:2018:1905, require objectivity and consideration of local factors like high rents in Den Haag.
Calculating Capacity to Pay Step by Step
In Den Haag, tools like the Judiciary's Maintenance Calculation Tool or Deal! are used. Step-by-step guide:
- Determine gross income: Salary, benefits, incoming maintenance, and extras. Assets over €10,000 count as notional income (Art. 1:160 CC).
- Apply deductions: Tax, premiums, Den Haag rent/mortgage, travel costs, and study expenses.
- Withhold standard allowances: Nibud standards for living expenses, adjusted to household size.
- Establish capacity to pay: The remaining amount is available for maintenance.
- Check the need: No more than required for the recipient.
Overview of standard deductions in the Den Haag context:
| Deduction | Spousal Maintenance | Child Maintenance |
|---|---|---|
| Housing costs | Actual mortgage/rent (often €1,200+ in Den Haag) | Standard €450-€650 |
| Living expenses | Nibud adult | Nibud child |
| Child care share | N/A | €120-€220 per child |
Examples of Capacity to Pay Calculations in Den Haag
Example 1: Child Maintenance
A father in Den Haag with €4,200 gross income, single, two children. After tax (€850), rent (€1,200), and living expenses (€1,150), €1,000 remains. Child need €1,300: he pays €850 (2/3 share).
Example 2: Spousal Maintenance with Extra Costs
Ex-partner with €3,600 income and Den Haag medical expenses (€550). Court reduces capacity to pay, maintenance drops from €650 to €450.
Example 3: Assets
€60,000 savings above exemption: €2,400 notional income (4%), increases capacity to pay.
Rights and Obligations at Den Haag District Court
- Right to disclosure: Share full income and expense details (Art. 1:408 CC).
- Disclosure duty: Concealment leads to back payments or penalties.
- Revision: On job change, via Den Haag District Court (Art. 1:401 CC).
- Reasonable costs: Luxury items (e.g., expensive lease car) not deductible.
Tips for Den Haag
- Start with the Maintenance Calculation Tool.
- Gather payslips, valuations, and policies.
- Opt for mediation via Den Haag Municipality for faster resolution.
- Complex case? Consult Juridisch Loket Den Haag or a lawyer. Contact Arslan Advocaten.
- Check annually for 2024 Trema updates.
Read also: Calculating Maintenance, Child Maintenance, Spousal Maintenance.
Frequently Asked Questions
How long does a calculation take at Den Haag District Court?
3-6 months for proceedings; settled immediately with an agreement.
Does a new partner count?
Yes, limited (up to 30% for spousal maintenance since 2023), not for child maintenance.
Can you appeal?
Yes, within 3 months via higher court with new evidence.