Draagkracht

Financial capacity (draagkracht)

Financial capacity is the amount a maintenance debtor can spare for paying maintenance after deducting their own necessary expenses.

Financial capacity ("draagkracht") is a core concept in setting maintenance. It indicates how much a maintenance debtor can contribute after paying their own necessary expenses.

The calculation follows the national TREMA standards (the guidelines of the Dutch Maintenance Standards Expert Group). It looks at net disposable income, a fixed housing budget and the "capacity-free" income (what a person needs to live on).

If capacity is insufficient, the maintenance can be set lower or at nil.

The court calculated his financial capacity and set the spousal maintenance lower than requested.

Source: handmatig

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