Maintenance Adjustment Procedure at Rechtbank Den Haag
The maintenance adjustment procedure provides residents of Den Haag with a legal avenue to revise an ongoing maintenance obligation, for example due to changed financial circumstances. This applies to child maintenance or spousal maintenance and preferably starts with an attempt at an amicable solution, followed by a formal application to the Rechtbank Den Haag.
What does the procedure in Den Haag entail?
In family law in Den Haag, maintenance is crucial following a divorce or dissolution of a partnership. Adjustments are necessary when circumstances change, such as a new job, job loss, or increased costs for children in the area. The maintenance adjustment procedure begins with discussions between ex-partners but often results in a ruling by the Rechtbank Den Haag. This article outlines the steps, requirements, and practice, as a supplement to our overview of maintenance changes.
Legal basis
The rules are set out in the Civil Code Book 1 (BW) and the Code of Civil Procedure (Rv). Relevant articles:
- Art. 1:401 BW: Adjustment of child maintenance in cases of lasting changes.
- Art. 1:407 BW: Request to modify child maintenance.
- Art. 1:160 BW: Modification of spousal maintenance.
- Art. 262 et seq. Rv: Petition procedure at the court.
The judge at Rechtbank Den Haag assesses whether the change is 'lasting' and deviates from previous expectations.
Conditions for adjustment in Den Haag
You must prove that circumstances have permanently changed. Typical cases:
- Change in income, such as a promotion or unemployment through local benefits agencies.
- Rising care or school costs for children in Den Haag neighborhoods.
- New marriage, co-parenting, or additional children.
For child maintenance, the child's needs take priority; for spousal maintenance, the judge considers reasonableness and fairness.
Steps in the procedure at Rechtbank Den Haag
The process unfolds as follows:
- Attempt an amicable settlement: Negotiate with your ex-partner and document everything. Start with advice from the Juridisch Loket Den Haag and use the maintenance calculator from the Council for Legal Aid.
- Draft a settlement agreement: Formalize the agreement with a notary (costs €200-€500) or have it approved by the judge via the Gemeente Den Haag.
- File a petition: If negotiations fail, submit it to the Rechtbank Den Haag in the district of the other party. Download the form from Rechtspraak.nl (court fee €85 for individuals).
- Hearing: Often without an oral hearing, but parties may be summoned. Duration: 4-12 weeks.
- Ruling: Retroactive adjustment from the petition date, if requested.
- Enforcement: Deliver the judgment to the bailiff or the Landelijk Incassobureau (LIB).
Comparison of child maintenance and spousal maintenance
| Aspect | Child maintenance | Spousal maintenance |
|---|---|---|
| Legal provision | Art. 1:401-407 BW | Art. 1:157-160 BW |
| Test | Child's needs take priority | Reasonable requirements |
| Procedure duration | Faster (often 6 weeks) | Slower (hearing common) |
| Indexation | Automatic annually | No automatic indexation |
Practical examples from Den Haag
Example 1: Child maintenance
A father from Den Haag becomes unemployed (income drops from €4,000 to €2,500 net). The Rechtbank Den Haag reduces the €500/month to €320, with retroactive effect. Mother pays via LIB if refused.
Example 2: Spousal maintenance
Ex-partner inherits €100,000. The payer requests adjustment at Rechtbank Den Haag; maintenance drops from €800 to €400/month due to reduced needs.
Example 3: Dispute
Dispute over child's study costs in Den Haag. Judge adjusts after proof of invoices from local educational institutions.
Rights and obligations in Den Haag
Rights:
- Submit a petition yourself without a lawyer.
- Free assistance via Juridisch Loket Den Haag or Council for Legal Aid for low-income individuals.
- Request interim relief (art. 223 Rv).
Obligations:
- Provide evidence (payslips, tax returns).
- Continue payments during the procedure.
- Cooperate in mediation, possibly via local agencies.
Frequently asked questions
Can I adjust maintenance without a judge in Den Haag?
Yes, with a settlement agreement. Check with Juridisch Loket Den Haag or a notary for validity.
How long does the procedure at Rechtbank Den Haag take?
Usually 4-12 weeks; expedited cases shorter due to local workload.
What if the other party does not cooperate?
The judge decides unilaterally; enforce via LIB.
Is the adjustment retroactive?
Yes, from the petition date if explicitly stated.
Tips for residents of Den Haag
- Document thoroughly: Keep track of Den Haag correspondence and finances.
- Use tools: Calculate via the child maintenance tool.
- Seek local advice: Visit Juridisch Loket Den Haag at Hoefkade for a free intake.