Child Benefit in Case of Divorce in Rotterdam
Child benefit in case of divorce in Rotterdam is governed by the General Child Benefit Act (AKW) and is paid to the parent with whom the child primarily resides, or split in cases of co-parenting. Upon divorce or dissolution of a partnership in Rotterdam, this often changes based on where the children live, such as in neighborhoods like Charlois or Kralingen.
What is child benefit in case of divorce in Rotterdam?
Child benefit is a government allowance for parents in Rotterdam with children under 18. The amount varies by the child's age and number of children. In case of divorce, it hinges on the principal place of residence. The Social Insurance Bank (SVB) pays it to the custodial parent. In alternating residence arrangements, common in Rotterdam co-parenting setups, the SVB splits the amount.
This article builds on our overview of Child Benefit (AKW) and focuses on divorces, including shared parenting in the Rotterdam region.
Legal basis
The General Child Benefit Act (AKW) is the governing law. Key provisions:
- Article 1 AKW: Entitlement to benefit for children up to 18 years old.
- Article 5 AKW: Payment to the parent with principal residence.
- Article 5a AKW: Split in cases of alternating residence (since April 2015), starting from 40% time with each parent.
- Article 18 AKW: Report changes within one month.
The SVB applies the Child Benefit Policy Rules to determine 'principal residence.' The same rules apply to marriage and registered partnerships.
Who receives child benefit after divorce in Rotterdam?
It depends on the residence arrangement:
| Situation | Child benefit recipient | Rotterdam example |
|---|---|---|
| Child primarily with one parent (> 2/3 time) | That parent: 100% | In Rotterdam-Feijenoord, children live 5 days/week with mother: she gets it all. |
| Alternating residence (≥ 40% with both) | Split proportionally (e.g., 50/50) | Week-on-week in Rotterdam: 50% mother, 50% father. |
| Child < 40% with one parent | Principal residence parent: 100% | Father sees child only on weekends in Rotterdam-West: mother gets full amount. |
| Out-of-home placement/foster care | Foster parent/institution | Child in Rotterdam foster care: foster parents receive benefit. |
Note: Stepparents in Rotterdam cannot claim benefit without principal residence, even with joint custody.
Role of parenting plan at Rotterdam District Court
The parenting plan, mandatory for divorces via Rotterdam District Court, regulates residence. However, the SVB follows actual practice, not the plan. Keep evidence such as schedules or enrollments at Rotterdam schools.
Rights and obligations for parents in Rotterdam
Rights:
- Automatic via BRP registration with Rotterdam Municipality.
- Back payments up to 3 months for late applications.
- Objection to SVB, appeal to Rotterdam District Court (art. 6:3 Awb).
Obligations:
- Report divorce within 1 month via Mijn SVB.
- Provide proof of residence (schedule, Rotterdam school records).
- Arrange child support separately; see Child Support.
Practical examples from Rotterdam
Example 1: Full residence with one parent. Pieter and Fatima divorce in Rotterdam. Children live with Fatima in IJsselmonde. Pieter notifies SVB: Fatima receives €243/quarter (0-5 years). Pieter pays child support.
Example 2: Co-parenting. 50/50: each €121.50. If 60% with father: he gets €145.80, mother €97.20.
Example 3: Dispute. Father claims 50/50, mother proves 80/20 with Rotterdam school evidence. SVB awards to mother; father objects with activity log.
Frequently asked questions
Who gets benefit if we're divorced but still living together in Rotterdam?
The parent with whom the child lives. Dissolution via Rotterdam District Court only starts officially then.
How do I report alternating residence to SVB from Rotterdam?
Via Mijn SVB: change with schedule. Attach co-parenting plan or Rotterdam school statement. Decision within 8 weeks.
Ex won't share benefit in Rotterdam?
It's a personal right, no sharing obligation. Arrange in agreement or via mediator. Disputes to Rotterdam District Court for child support.
Does benefit change with a new partner in Rotterdam?
No, unless the child moves in with stepparent as principal residence.
Tips for parents in Rotterdam
- Document: Use apps like 'OurFamilyWizard' for schedules.
- SVB contact: Call 020-633 55 33 for neutral advice.
- Mediation: Start at Juridisch Loket Rotterdam; often subsidized.
- BRP check: Update address with Rotterdam Municipality.
- Allowances: Combine with childcare allowance.