After a divorce, both parents are legally obligated to contribute to the costs of caring for and raising their minor children. This obligation is stated in Article 1:404 of the Dutch Civil Code and applies regardless of whether the parents were married, had a registered partnership, or cohabited. Child maintenance continues until the child turns 21, although the nature of the obligation changes at 18 from care and upbringing to living expenses and education.
The child's needs: how much does a child cost?
The first step in calculating child maintenance is determining the child's needs. The needs are determined based on the net family income during the marriage and the number of children. The Nibud tables are used for this, which are updated annually. The principle is that children should be able to maintain the same standard of living after divorce as during the marriage. The Nibud tables are based on extensive research into what Dutch families spend on average on their children.
Financial capacity: what can each parent pay?
The second step is calculating each parent's financial capacity. Financial capacity is the amount a parent can spare for child maintenance after deducting necessary personal costs. When calculating capacity, the net disposable income is considered, reduced by a fixed flat-rate amount for living expenses. Additionally, certain costs are factored in, such as housing costs and medical expenses. Debts may also be considered in some cases, but only if they are non-culpable and unavoidable.
Division between both parents
After establishing the needs and financial capacity, it is determined how the child's costs are divided between both parents. This is done proportionally based on each person's capacity. A care discount is then applied. The care discount is a percentage of the child's costs that is deducted from the share of the parent paying maintenance, as this parent also incurs costs during their care time. The care discount ranges from 15% to 35% depending on the care arrangement.
Indexation: annual increase
Each year, child maintenance is automatically indexed. The Minister of Justice sets the indexation percentage annually based on the wage index. In 2026, the indexation percentage is 3.3%. This indexation applies to all maintenance obligations unless parties have expressly agreed otherwise. As a maintenance payer, you are obligated to apply the indexation.
Modification of child maintenance
Child maintenance can be modified if there is a relevant change in circumstances (Article 1:401 of the Dutch Civil Code). Examples include: loss of employment, a new job with different salary, remarriage or cohabitation with a new partner who also has children, or a change in the care arrangement. You can make new arrangements together with your ex-partner, or if that fails, file a modification request with the court.
Do you have questions about child maintenance or would you like a calculation of how much maintenance you need to pay or receive? Contact our family law attorneys. We will make an accurate calculation based on your personal situation.