Child Benefit in Divorce in Den Haag
Child Benefit in Divorce in Den Haag falls under the General Child Benefit Act (AKW) and is paid to the parent with whom the child primarily resides, or shared in co-parenting arrangements. In divorces handled by the District Court of Den Haag, the benefit is often adjusted based on where the children live in the city or region.
What does child benefit entail in a divorce in Den Haag?
Child benefit provides government support to parents in Den Haag for children under 18. The amount varies by child's age and number of children. After divorce, it hinges on the principal place of residence. The Social Insurance Bank (SVB) pays it to the custodial parent. In alternating residence in districts like Centrum or Escamp, it may be split.
This article builds on our overview of Child Benefit (AKW) and focuses on divorces, including co-parenting for residents of Den Haag.
Legal Basis
The General Child Benefit Act (AKW) governs this. Relevant provisions:
- Article 1 AKW: Entitlement to benefit until age 18.
- Article 5 AKW: Payment to the parent with principal residence.
- Article 5a AKW: Splitting for at least 40% residence time (since April 2015), proportional to time spent.
- Article 18 AKW: Report changes within one month.
SVB applies the Child Benefit Policy Rules to determine 'principal residence'. The rules apply equally to marriage and registered partnerships, including Den Haag divorces.
Who receives child benefit after divorce in Den Haag?
It depends on the residence arrangement:
| Situation | Child Benefit Recipient | Example in Den Haag |
|---|---|---|
| Child primarily with one parent (> 2/3 time) | 100% to that parent | Children live 5 days/week with mother in Ypenburg: mother receives full amount. |
| Alternating residence (≥ 40% with both) | Shared proportionally (e.g., 50/50) | Week-on-week in Laakkwartier: 50% per parent. |
| Child < 40% with one parent | Full amount to principal residence parent | Father sees child only on Zuiderpark weekends: mother retains 100%. |
| Out-of-home placement or foster care | Foster parent or institution | Child with foster family in Den Haag: foster parents receive benefit. |
Note: Stepparents in Den Haag cannot claim benefit without principal residence, even with parental authority.
Role of Parenting Plan at District Court of Den Haag
The parenting plan, mandatory in divorces at the District Court of Den Haag, regulates residence. However, SVB follows actual practice, not the plan. Keep Den Haag evidence such as school schedules from Den Haag schools or childcare in Segbroek.
Rights and Obligations for Parents in Den Haag
Rights:
- Automatic via Personal Records Database (BRP) at Municipality of Den Haag.
- Back payments up to 3 months for late applications.
- Objection/appeal against SVB under art. 6:3 Awb; assistance via Legal Aid Office Den Haag.
Obligations:
- Report divorce within 1 month via Mijn SVB.
- Provide proof: schedules, school statements from Den Haag.
- Arrange child support separately; see Child Support.
Practical Examples from Den Haag
Example 1: Full custody with one parent. Pieter and Lisa divorce at District Court of Den Haag. Children with Lisa in Moerwijk. Benefit (€ 243/quarter for 0-5 years) to Lisa; Pieter pays support.
Example 2: Co-parenting. 50/50 in Binckhorst: € 121.50 each. For 60% father: € 145.80 father, € 97.20 mother.
Example 3: Dispute. Father claims 50/50, mother proves 80/20 with Den Haag diary. SVB awards to mother; objection with app logs.
Frequently Asked Questions for Den Haag
Who gets benefit in a divorced but cohabiting marriage?
The parent where the child is registered at Municipality of Den Haag. Divorce counts only after District Court of Den Haag.
How to report alternating residence to SVB from Den Haag?
Via Mijn SVB: change with schedule, co-parenting plan or Den Haag school proof. Decision within 8 weeks.
Ex won't share benefit?
It's a personal right, no enforcement. Arrange in agreement or mediation; dispute to District Court of Den Haag.
Impact of new partner in Den Haag?
No, unless child moves in. Stepparent cannot claim without residence.
Tips for Residents of Den Haag
- Document: Use apps like 'OurFamilyWizard' for schedules.
- SVB Contact: Call 020-633 55 33 for impartial advice.
- Mediation: Via Legal Aid Office Den Haag; often subsidized.
- BRP Check: Update address at Municipality of Den Haag.
- Allowances: Check childcare allowance and consult Legal Aid Office Den Haag.