Revision of child support and spousal maintenance
Under Dutch law written agreements and court orders regarding child support and spousal maintenance can be revised by the courts at a later date. The courts can revise previous maintenance obligations on the grounds of a significant change in the financial circumstances of one or both of the parties. An example would be losing a job or getting a promotion, but also to the formation of a new family or a change in needs of either party. Please note that changes to the Dutch tax system (legislation) may also affect the ability to pay maintenance.
In the case of such a change of circumstances, you can petition the court to adjust the amount of maintenance to meet the legal requirements again.
Revision can also be sought in case a prior determination of maintenance was based on incorrect or incomplete information. Of course, it is important that you have to actually prove that, at the time of determining the maintenance wrong or incomplete information was used, and this time provide the court with complete and correct information to prove that your petition is justified because of the different outcome when using the right information.
Often parties are wondering what would be a reasonable amount to pay for spousal maintenance or child support. The answer to this question depends on many factors, such as the income and expenses of the parties. For more information please read our article on spousal maintenance and child support. Link invoegen
If you have doubts about the amount of maintenance that you are obliged to pay or entitled to receive please feel free to contact us.
We can make a calculation to determine whether the current maintenance is still – or no longer – in accordance with the legal guidelines and advise whether it is appropriate to petition the court for a revision of maintenance.