Best Child Support Lawyers in Hasselt

About Child Support Law in Hasselt, Belgium

Child support in Belgium is a legal obligation for parents to contribute to the costs of raising their children. The rules are set at the federal level and applied locally by the Family Court. In Hasselt, cases are handled by the Family Court of the Judicial District of Limburg. The duty to support applies regardless of whether parents were married, cohabiting, or never lived together. It usually continues beyond a child turning 18 and lasts until the child becomes financially self-sufficient, which can include completion of higher or vocational studies.

The amount of child support is tailored to the child’s needs and each parent’s financial capacity. Courts and practitioners often use recognized cost-of-children budgets and proportional sharing methods, taking into account factors such as household income, residence schedule, and extraordinary costs like school trips or medical expenses. Orders and agreements commonly include automatic annual indexation based on the health index, so payments keep pace with the cost of living.

If a parent does not pay, there are strong enforcement tools, including wage garnishment, bank attachment, recovery via the federal maintenance recovery service, and in serious cases potential criminal consequences for persistent non-payment. Mediation is encouraged for parents who wish to reach a balanced agreement in the best interests of their child.

Why You May Need a Lawyer

You may benefit from legal help in the following situations:

- You are separating or divorcing and need a clear, enforceable child support arrangement. A lawyer can draft, negotiate, and submit an agreement for court approval.

- You and the other parent disagree on the child’s needs, each parent’s income, or how to split extraordinary costs. A lawyer can gather the right evidence and propose a fair calculation model.

- Your financial situation has changed due to job loss, illness, new childcare needs, or a change in the residence schedule. A lawyer can request a modification of child support.

- The other parent is not paying, paying late, or paying less than ordered. A lawyer can guide enforcement through a bailiff or the federal recovery service, and secure interest on arrears.

- One parent lives abroad or income is earned abroad. A lawyer can use EU and international rules to ensure recognition and enforcement across borders.

- You are self-employed, have variable income, or receive benefits. A lawyer can help present a realistic assessment of income and capacity to pay.

- You want to use mediation safely and effectively. A lawyer can advise you during mediation and review the agreement before it is homologated by the court.

Local Laws Overview

Jurisdiction and court - Child support matters for residents of Hasselt are heard by the Family Court in the Judicial District of Limburg. Proceedings are in Dutch. The court prioritizes the child’s best interests and encourages amicable solutions, including mediation.

Who owes what - Both parents contribute to ordinary costs of upbringing and care and to extraordinary costs. Contribution levels are based on the child’s needs and each parent’s means. The residence schedule can adjust the contribution but does not automatically eliminate it in shared residence situations.

Calculation approach - Courts commonly rely on household income, number and ages of children, residence pattern, and documented costs. Recognized cost-of-children studies and proportional sharing methods are often used as a starting point. Evidence such as pay slips, tax returns, business accounts, and budgets is important.

Indexation - Child support is typically indexed annually using the health index so that payments keep pace with inflation. Orders specify the base index and the adjustment date.

Extraordinary costs - Non-recurring or atypical costs like dental braces, school trips, laptops required for school, special therapies, or expensive sports are usually shared in an agreed or court-ordered proportion. Parties should keep invoices and proof of payment and follow agreed notice and approval procedures.

Payment and proof - Payments are normally made by bank transfer to create a clear record. Keep all statements and receipts. Cash payments are discouraged because they are harder to prove.

Modification - A substantial and lasting change in circumstances can justify a revision, such as loss of income, a new residence schedule, health changes, or significant new costs for the child.

Enforcement - If payments are not made, options include a payment plan, enforcement through a bailiff, wage garnishment, bank account seizure, and use of the federal recovery service that can also pay limited advances if conditions are met. Legal interest can accrue on overdue amounts.

Tax aspects - The payer may be able to deduct a portion of child support paid for a child who is not part of the payer’s household. The recipient may be taxed on a portion of the support received. You cannot combine the dependent-child tax advantage with the deduction for maintenance for the same child in the same tax year. Seek tax advice for your situation.

Prescription - Unpaid periodic installments of child support are subject to a relatively short limitation period. Do not delay seeking recovery if arrears appear.

International cases - EU rules on maintenance and international treaties apply, facilitating cross-border recognition and enforcement. Belgium has a designated central authority for these cases.

Frequently Asked Questions

How is child support calculated in Hasselt - Belgium?

Judges and lawyers look at the child’s reasonable needs and each parent’s financial capacity. Household income, number and age of children, residence schedule, and proven costs are considered. A proportional sharing method is common, where each parent covers a share of the child’s costs in line with their means. Documentation is key.

Do I still pay child support with a 50-50 residence schedule?

Often yes. Shared residence does not automatically cancel support. If one parent has significantly higher income or bears more fixed child costs, an equalization amount can still be ordered. Parents can also split extraordinary costs proportionally.

Until what age does child support apply?

The duty to support continues until the child becomes financially self-sufficient. That can extend beyond age 18 if the child is still studying or training and reasonably dependent. After 18, the child can receive support directly or claim it in their own name.

What counts as income for calculating support?

Salaries, bonuses, commissions, self-employment profits, benefits, rental income, and other recurring resources can be considered. For the self-employed, the court will look at accounts and may average income over several years. Hidden or undeclared income can be inferred from lifestyle and bank records.

Is child support automatically indexed?

Yes in most cases. Orders and approved agreements usually include annual indexation using the health index. The order specifies the base index and formula. If your order lacks indexation or you disagree about the calculation, seek advice quickly.

How are extraordinary expenses handled?

Parents typically share non-recurring or high-cost items like orthodontics, glasses, laptops required for school, or specialized therapy. Agreements often require prior notice or approval, a defined sharing percentage, and proof of cost and payment. Keep invoices and communicate in writing.

Can the amount be changed later?

Yes. A substantial and lasting change in circumstances can justify a revision, such as job loss or promotion, a new residence schedule, new childcare or medical costs, or changes in the child’s needs. You can negotiate an updated agreement or apply to the Family Court.

What if the other parent does not pay?

Act promptly. Send a formal reminder, then consider enforcement via a bailiff for wage or bank attachment. You may also request help from the federal maintenance recovery service, which can recover arrears and sometimes pay advances if conditions are met. Legal interest usually accrues on overdue amounts, and persistent intentional non-payment can have criminal consequences.

What are the tax consequences of paying or receiving child support?

In many cases, the payer can deduct a large portion of child support paid for a child who is not part of the payer’s household, and the recipient is taxed on a portion of the amount received. You cannot both claim the child as a dependent and deduct maintenance for that child in the same tax year. Always verify current rules with a tax professional.

What documents should I prepare for a child support case?

Recent pay slips, last tax return and assessment, proof of benefits, bank statements, business accounts if self-employed, childcare bills, school invoices, medical bills, proof of housing costs, a proposed residence schedule, and any prior court orders or agreements. Clear, organized documents strengthen your case.

Additional Resources

Family Court - Judicial District of Limburg, section Hasselt - Handles child support, residence, and parental responsibility matters for the Hasselt area.

Dienst voor Alimentatievorderingen - SECAL - The federal maintenance recovery service that can help collect unpaid support and may pay advances when conditions are met.

Federale Overheidsdienst Justitie - Central authority for international maintenance cases and general information on family court procedures.

Federale Overheidsdienst Financiën - Information on tax treatment of maintenance payments and dependent-child benefits.

Balie Limburg - Local bar association with information on lawyers and second-line legal aid eligibility.

Commissie voor Juridische Bijstand Limburg - First-line free legal advice and access to pro deo legal assistance for qualifying individuals.

Erkende familiaal bemiddelaars - Accredited family mediators who can assist with negotiated child support and parenting agreements.

CAW Limburg - General social support that can help families navigate services, budgeting, and referrals related to separation and co-parenting.

Next Steps

1 - Get oriented. Write down your goals, the child’s needs, and any concerns about payments or residence. Keep communication with the other parent civil and in writing.

2 - Gather documents. Collect income proof, tax records, childcare and school costs, medical bills, housing costs, and any existing agreements or orders. Create a simple budget for the child’s ordinary and extraordinary costs.

3 - Seek early advice. Consult a family lawyer in Hasselt to understand likely outcomes, indexation, extraordinary costs, and tax impacts. Ask about mediation as a faster and less adversarial route.

4 - Consider mediation. If safe and appropriate, mediation can produce balanced agreements that the court can approve, making them enforceable.

5 - File or formalize. If you reach an agreement, have it drafted clearly and submitted for court approval. If not, your lawyer can file a petition with the Family Court and request interim measures if needed.

6 - Enforce promptly. If payments stop, do not wait. Ask a bailiff to enforce, or contact the federal recovery service. Interest can accrue, and shorter limitation periods apply to periodic arrears.

7 - Review when life changes. If income, residence schedule, or the child’s needs change, seek a revision rather than informally altering payments. Only a court order or approved agreement provides legal certainty.

8 - Protect your record. Pay by bank transfer, keep receipts, and communicate in writing. Do not withhold contact with the child in response to non-payment, and do not unilaterally stop paying without legal advice.

This guide is general information, not legal advice. For tailored guidance, consult a family law professional in Hasselt.