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End of Maintenance Obligation at 21 Years: Exceptions and Transitional Provisions

What exactly happens at 21 years with the maintenance obligation? Learn about automatic lapse, exceptions such as study delay, and transition to partner maintenance.

1 min leestijd

At the age of 21, the parents' maintenance obligation ends automatically, but there are exceptions that young adults should know. Article 1:395a DCC provides for continuation in case of study delay or other circumstances.

Automatic Lapse

Without judicial intervention, the obligation stops on the 21st birthday. Parents no longer have to pay, unless an ongoing court judgment provides otherwise.

Exceptions

If the child remains dependent due to illness, disability, or unforeseen study delay, the court may extend the obligation. In joint custody, this applies equally to both parents.

Transition to Partner Maintenance

After 21 years, the child may claim partner maintenance if cohabiting with a studying partner. This requires a petition with proof of joint need.

Practice: In a case, the court extended the contribution until 23 years due to corona-related delay, with €300 monthly. Advice: submit disputes to the court in time to secure payments.