Capacity to Pay Partner Maintenance in Rotterdam
Capacity to pay partner maintenance refers to the financial ability of the paying ex-partner to contribute to the other's living expenses after securing their own maintenance. For Rotterdam residents, this is a key concept in family law that determines the feasible partner maintenance in divorces in the Maasstad.
What does capacity to pay mean for partner maintenance?
In a divorce or dissolution of a registered partnership in Rotterdam, the maintenance obligor ('debtor') must provide a reasonable contribution to the upkeep of the ex-partner ('creditor'). Capacity to pay assesses how much the paying partner can spare without facing financial hardship themselves, such as falling below social assistance levels in the region.
The Rotterdam District Court reviews the full financial picture: salary, fixed expenses, debts, and housing costs in the city. It focuses not on the entire income, but on the surplus after basic needs. This results in a practical maintenance arrangement for Rotterdam households.
Legal Basis of Capacity to Pay
The standards for capacity to pay partner maintenance are set out in Dutch Civil Code Book 1 (DCC Book 1). Relevant articles:
- Art. 1:157 DCC: The court determines the amount based on the need of the creditor and capacity to pay of the debtor, applying a proportionality principle for fairness.
- Art. 1:158 DCC: For partner maintenance, taking into account the duration of the marriage and specific conditions.
- Art. 1:160 DCC: Adjustments possible in changed circumstances, such as job loss in the port.
Supreme Court rulings such as ECLI:NL:HR:2018:1952 emphasize standard calculations using national tables, unless Rotterdam-specific facts dictate otherwise.
How to Calculate Capacity to Pay?
For Rotterdam residents, capacity to pay partner maintenance follows a standard approach, often using the Trema table from the Expert Group or tools like Van Diepen. Step-by-step:
- Determine gross income (salary, benefits, business profit).
- Deduct standard costs for housing and living in Rotterdam (e.g., €1,200–€1,800 net for a single person).
- First deduct child maintenance (per standard norms).
- The surplus forms the rough capacity to pay; half is available for partner maintenance.
Overview Table: Capacity to Pay by Income (net monthly, single no children, 2023 figures)
| Net Income | Standard Costs | Rough Capacity to Pay | Available for Partner Maintenance |
|---|---|---|---|
| €2,500 | €1,650 | €850 | €425 |
| €4,000 | €1,950 | €2,050 | €1,025 |
| €6,000 | €2,450 | €3,550 | €1,775 |
With children, lower standard costs apply, but child maintenance takes priority. Rotterdam entrepreneurs must show actual or deemed income.
Rotterdam Practice Examples
Example 1: Anita and Bram from Rotterdam-Feijenoord divorce. Bram earns €4,500 net in the port, Anita €2,000. Two children with Anita. Bram's costs: €2,200 (rent in Kralingen). Child maintenance: €800. Capacity to pay: €4,500 - €2,200 - €800 = €1,500. For Anita: €750. Rotterdam District Court awards €600.
Example 2: Karel from Charlois loses his job (€5,000 net → €2,800). Previous maintenance €1,000. New capacity to pay €300. Via application, Rotterdam District Court reduces to €150.
These cases illustrate the flexibility of capacity to pay partner maintenance for local situations.
Rights and Obligations Regarding Capacity to Pay
Rights of the paying partner:
- Reject unreasonable claims with proof of capacity to pay.
- Apply for modification in changed circumstances (Art. 1:160 DCC).
- Optimize own expenses.
Obligations:
- Share transparent finances (payslips, statements).
- Pay per court order, or face enforcement via bailiff.
- Do not conceal income (punishable).
The recipient may claim maintenance but must pursue their own income.
Tips for Rotterdam Residents
Optimize capacity to pay partner maintenance:
- Document thoroughly: Payslips, Rotterdam Municipality rental agreements, expenses.
- Calculation tools: Online Trema calculator, but verify with an expert.
- Engage a mediator: Saves costs at Rotterdam District Court.
- Free advice: At Juridisch Loket Rotterdam for intake and calculations.
- Review periodically: Annually or after events like job loss.
Read also: Partner Maintenance, Child Maintenance, Modifying Maintenance.
Frequently Asked Questions
Can capacity to pay change after divorce?
Yes, in changed circumstances such as job loss or promotion, you can file a petition with Rotterdam District Court (Art. 1:160 DCC).