Many Rotterdam parents and young adults are unaware of the maintenance obligation for children aged 18 to 21 years. Despite reaching majority at 18 years, the parents' obligation continues. This article explains what applies in Rotterdam: conditions, rights and obligations regarding maintenance contributions.
Maintenance Obligation 18-21 Years: What Does It Entail?
The maintenance obligation 18-21 years is laid down in Article 1:395a of the Dutch Civil Code. Parents must contribute to living expenses and study until 21 years of age. This applies to married, divorced or cohabiting parents, including adoptive and acknowledging parents.
Statutory Basis: Article 1:395a DCC
Article 1:395a DCC provides that parents are liable for maintenance until 21 years of age, if the child has a need and the parents have the capacity to pay. No difference between 18-21 and younger.
Conditions for Maintenance Obligation in Rotterdam
Three conditions for entitlement to contribution:
1. Age 18-21 Years
Only for children aged 18 to 21 years. At 21 years, it ends automatically, except in case of special agreements.
2. Need for Maintenance
The child must not be able to provide for itself. Assessment based on:
- Housing, food, clothing
- Study (books, tuition fees)
- Health insurance
- Own income (part-time job, DUO)
- Assets
Part-time job or loan does not automatically eliminate the need; the overall situation is considered.
3. Parents' Capacity to Pay
Only if sufficient income. Consider:
- Net salary
- Savings, house
- Fixed expenses, other children
- Rent in Rotterdam
No capacity to pay? Contribution zero or lower.
Study and Maintenance Obligation
Must you study to qualify for maintenance? No, but it affects the assessment.
Study Obligation?
No statutory obligation after 18 years. Working or not studying may reduce the need; the court assesses reasonableness.
Proper Studies
- MBO
- HBO/WO bachelor
- Full-time/part-time
Must be pursued seriously; otherwise stop or reduced contribution.
How Much Maintenance Contribution?
No fixed amount; depends on the situation. Guidelines:
Calculation
Nibud or Tremanorms for Rotterdam costs.
| Cost Item | Monthly (Rotterdam) |
|---|---|
| Living Expenses | €220 - €370 |
| Study (excl. tuition fees) | €60 - €160 |
| Health Insurance | €125 - €155 |
| Pocket Money/Other | €100 - €200 |
| Rent Contribution | €150 - €300 |
Help in Rotterdam
Problems? Go to Rotterdam District Court, Wilhelminaplein 100-125 or Legal Aid Office Rotterdam, Westblaak 180 for free advice.
For questions about procedures in Rotterdam: consult the Rotterdam District Court. They handle maintenance obligation cases locally.