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Free Guide to Hiring a Family Lawyer
Child support in Delft follows Dutch national law on maintenance obligations for children. Parents have a legal duty to contribute financially to the care and upbringing of their children. Child support is usually agreed between the parents or determined by a court when parents separate or divorce. The obligation generally lasts until the child reaches 18 years of age and can extend up to 21 years in many cases if the child is in education. Practical arrangements and enforcement in Delft are handled locally by family-law attorneys, mediators, the municipal social services, and national bodies that collect and enforce maintenance payments.
Child support matters can involve complex factual and legal issues. You may need a lawyer if you face one or more of the following situations:
- You and the other parent cannot agree on the level of support or how costs are shared.
- The other parent refuses to pay or is behind on payments and you need enforcement.
- There is disagreement about who has parental authority or legal paternity needs to be established.
- One parent has a large or fluctuating income, is self-employed, or receives benefits, which makes calculation complex.
- Circumstances change substantially - for example loss of a job, a significant income increase, or the child starts or stops education - and you need a modification of an existing order.
- You need an ouderschapsplan as part of a divorce petition and want to ensure the support clause is legally sound and enforceable.
Key legal points that apply in Delft are derived from Dutch national law and local practice:
- Legal obligation: Both parents are legally obliged to support their children financially. This duty continues at least until age 18 and often until 21 if the child follows full-time education.
- Calculation: Courts and practitioners commonly use established guidelines and calculation tools that take into account both parents income, childcare costs, housing and the number of children. The result is intended to cover the child-s household needs fairly.
- Ouderschapsplan: If parents divorce and have children under 18, Dutch law requires a written parenting plan that sets out care arrangements and often the financial contribution agreement.
- Agreements and court orders: Parents can reach a private agreement which is then usually included in the divorce settlement or a maintenance agreement. If they cannot agree, a court can set a binding maintenance order.
- Enforcement: Non-payment can be enforced through the national collection office for maintenance - Landelijk Bureau Inning Onderhoudsbijdragen (LBIO) - which can garnish wages, seize assets, or take other measures to collect arrears.
- Legal aid and mediation: Mediation is commonly encouraged before court proceedings. Subsidised legal aid may be available depending on income and assets, administered through the Raad voor Rechtsbijstand.
Calculation considers both parents incomes, the number of children, custody arrangements, and reasonable costs of care. Practitioners use guideline tables and calculation models to estimate the appropriate amount. Courts will adjust for special costs like healthcare, education, or extraordinary childcare expenses. A family-law lawyer or mediator can run the calculation based on up-to-date figures and your specific situation.
Both parents have a legal duty to support their children. In practice, the parent who does not have primary day-to-day care commonly pays maintenance to the parent with primary care. If legal paternity is not yet established, a father may first need to acknowledge paternity or obtain a court ruling.
Child support is typically required until a child turns 18. If the child continues in full-time education after 18, maintenance can be required up to 21 years of age. Specific cases can vary, so agreements or court orders should clearly state the duration and any conditions for continuation.
Yes. If there is a significant change in circumstances - such as loss of income, a substantial pay rise, changes in the child-s needs, or inflationary adjustments - either parent can request a modification. Most maintenance orders include an indexation clause to adjust payments annually for inflation.
If voluntary payment stops, you can take several steps: send formal reminders and request enforcement through the LBIO, consult a lawyer to obtain a court order or execute existing orders, or ask for garnishment of wages and seizure of assets. The LBIO can also provide collection services and has powers to enforce payment nationally.
Child support payments are generally not taxable income for the recipient and are not tax-deductible for the payer. Tax treatment can be different for partner maintenance, so check your specific situation with a tax adviser or lawyer.
Yes. If you and your spouse divorce and have children under 18, Dutch law requires a written parenting plan that covers custody, care schedules, and usually financial arrangements including child support. The plan should be practical and explain how costs are shared and how decisions about the child will be made.
If legal paternity has not been established, the parental maintenance obligation may not automatically apply. A father can accept legal parentage through acknowledgment or paternity can be established by a court decision. Once parentage is established, the maintenance obligation follows.
Yes. Parents can arrange direct payments between themselves or use the national collection office, the LBIO, which collects and enforces maintenance claims. Using the LBIO can provide formal enforcement powers and a clearer record of payments, but parents commonly agree on private transfers if trust exists.
Typical documentation includes the child-s birth certificate, proof of both parents incomes (pay slips, tax returns), evidence of household expenses, any existing custody or family court orders, bank statements showing payments or arrears, and a copy of the ouderschapsplan if one exists. A lawyer will advise on additional documents needed for your case.
Useful organisations and resources for people in Delft include the following bodies and services:
- Raad voor Rechtsbijstand for information about eligibility for subsidised legal aid.
- Juridisch Loket for free initial legal information and guidance on family law and maintenance matters.
- Landelijk Bureau Inning Onderhoudsbijdragen (LBIO) for collection and enforcement of maintenance payments.
- Gemeente Delft social services for local family support, mediation referrals, and welfare assistance.
- Mediators and family-law attorneys in Delft and the wider South Holland region who specialise in child support and ouderschapsplannen.
- Veilig Thuis for concerns about child safety, domestic violence, or child protection issues.
- Rechtbank Den Haag for information about where family-law cases in the Delft area will be heard and how to file applications with the court.
If you need legal assistance with child support in Delft, consider the following practical steps:
- Gather documents: collect birth certificates, income records, bank statements, and any existing agreements or court orders.
- Get basic advice: contact the Juridisch Loket for free initial advice and to understand your rights and options.
- Consider mediation: if communication with the other parent is possible, mediation can be faster and less costly than litigation and can produce a workable ouderschapsplan.
- Consult a family-law specialist: a lawyer experienced in Dutch child maintenance law can calculate likely support amounts, draft agreements, or represent you in court. Ask about fees and whether you qualify for subsidised legal aid through the Raad voor Rechtsbijstand or if your insurance covers legal costs.
- If non-payment is an issue: discuss enforcement with a lawyer and consider involving the LBIO to collect arrears or secure ongoing payments.
- Keep records: document all communications and payments, and maintain clear records to support any future claims or enforcement actions.
Taking these steps will help you protect your child-s rights and move toward a stable financial arrangement in line with Dutch law and local practice in Delft.
