Capacity to Pay Calculation for Maintenance Rotterdam

Capacity to Pay Calculation for Maintenance Rotterdam

The capacity to pay calculation for maintenance in Rotterdam determines how much a parent or ex-partner can contribute to child maintenance or partner maintenance. This essential element of the maintenance procedure assesses available income after deducting living expenses and essential costs, ensuring a fair sharing of burdens among Rotterdam residents.

Why is the capacity to pay calculation so important in Rotterdam?

In family law, capacity to pay is crucial for setting maintenance at the District Court of Rotterdam. Maintenance must align with the payer's financial capacity to prevent poverty in a city like Rotterdam with high living costs. An incorrect calculation often leads to disputes. See our article on calculating maintenance for a basic explanation.

Legal basis for capacity to pay in Rotterdam

The capacity to pay calculation for maintenance is based on Book 1 of the Dutch Civil Code (BW). For partner maintenance (art. 1:157 BW), parties contribute proportionally; for child maintenance (art. 1:404 BW), the capacity to pay of both parents covers the child's needs.

The District Court of Rotterdam follows guidelines from the Expert Group on Maintenance and the Tremas guidelines (updated 2023), including standard norms for Rotterdam housing costs, care, and living expenses. Supreme Court rulings, such as ECLI:NL:HR:2018:1905, require objective calculations that account for local circumstances like high rental prices.

Step-by-step capacity to pay calculation for Rotterdam residents

Use tools like the Judiciary's Maintenance Calculator or Deal!. Step-by-step guide:

1. Determine gross income: Salary, benefits via Rotterdam Municipality, maintenance received, and extras. Assets exceeding €10,000 count as notional income (art. 1:160 BW).
2. Apply deductions: Taxes, premiums, Rotterdam rent/mortgage, travel costs, and study expenses.
3. Deduct standard amounts: Nibud norms for living expenses, tailored to household size.
4. Establish capacity to pay: The remaining amount is available for maintenance.
5. Check needs: Capacity to pay does not exceed the recipient's needs.

Overview of standard deductions:

Rotterdam case examples

Example 1: Child maintenance
A Rotterdam father with €4,200 gross income, single with two children living with ex. After taxes (€850), Kralingen rent (€1,200), and living expenses (€1,250), €900 capacity to pay remains. Child needs €1,300: he pays €600 (2/3 share).

Example 2: Partner maintenance with extra costs
Ex with €3,600 income and Rotterdam medical expenses (€550/month). District Court of Rotterdam reduces capacity to pay, lowering maintenance from €650 to €450.

Example 3: Assets in Rotterdam
Savings of €60,000 above exemption: €2,400 notional income (4%), increasing capacity to pay.

Rights and obligations at District Court of Rotterdam

• Right to disclosure: Share income and costs (art. 1:408 BW).
• Obligation to disclose: Hiding income risks back claims or penalties.
• Right to revision: Adjust for job loss/promotion via court (art. 1:401 BW).
• Obligation for reasonable costs: Luxury items (e.g., new car) not deductible.

Tips for Rotterdam residents

• Start with the Maintenance Calculator.
• Gather payslips, rental agreements, policies.
• Opt for mediation for faster resolution.
• Complex case? Consult Juridisch Loket Rotterdam or a lawyer. Contact Arslan Advocaten.
• Review annually due to inflation and Tremas guidelines 2024.

Related: Calculating maintenance, Child maintenance, Partner maintenance.

Frequently asked questions