Trema Standards Maintenance in Rotterdam: How is Maintenance Contribution Calculated?
The Trema standards are the official guidelines in the Netherlands for calculating **maintenance** (maintenance contribution) between ex-partners or parents and children. In Rotterdam, these standards help with a fair distribution of living expenses, based on incomes, care obligations, and circumstances. In cases of divorce or termination of cohabitation in Rotterdam, the Trema standards are essential for fair agreements. Local institutions such as the Rotterdam District Court (Wilhelminaplein 100-125) and the Legal Aid Office Rotterdam (Westblaak 180) provide support.
What are the Trema Standards in Rotterdam?
The **Trema standards** form a set of rules from the Dutch government for maintenance calculation, based on the **Maintenance Act** (art. 1:270 to 1:285 CC). They are updated via Trema (Temporary Regulation for Co-Residents Maintenance). In Rotterdam, lawyers and the Rotterdam District Court use this objective method to avoid disputes.
The standards apply to:
- Child maintenance between parents and children.
- Partner maintenance between ex-partners.
- Maintenance for adult children with care needs.
They are based on:
- **Net income** of both parties.
- **Care obligations** (child care).
- **Living situation** (housing in Rotterdam, health, etc.).
In Rotterdam, you can get free advice on application at the Legal Aid Office Rotterdam, Westblaak 180.
Legal Basis of Trema Standards at Rotterdam District Court
The standards are a **ministerial regulation** based on:
- Art. 1:270 CC: Parents' maintenance obligation until children's independence.
- Art. 1:272 CC: Amount determined by incomes and circumstances.
- Art. 1:274 CC: Partner maintenance in case of dependency.
Judges at the Rotterdam District Court, Wilhelminaplein 100-125 apply these with annual updates from the Ministry of Justice, adjusted for inflation.
The standards are not binding, but are followed. Private agreements must be reasonable; in Rotterdam, the court checks this.
Trema Standards Calculation: Step-by-Step Plan for Rotterdam
The model is step-by-step, adapted for child or partner maintenance. Use the online calculator or seek help from the Legal Aid Office.
1. Determine Net Income
From gross income, deduct taxes and standard costs (rent in Rotterdam, energy, etc.), resulting in **available income**.
- Gross salary/benefits/pension.
- Minus taxes and premiums.
- Minus living expenses (local Rotterdam costs included).
Example: €4,000 gross becomes €2,500 available in Rotterdam context.
2. Assess Care Obligations
Parents with children in Rotterdam: distinction in care sharing:
- Shared care (nearly 50/50, co-parenting).
- Majority care (>35% time, often with mothers).
- Sole care: Full care by one parent.
Location in Rotterdam influences this via school and work distances.
3. Calculate Capacity to Pay and Need
Split available income: 50-60% remains for the paying party, rest for maintenance. Adjustments for Rotterdam-specific costs such as high rent.
4. Indexation and Modification
Annually indexed. Modify via Rotterdam District Court in case of income change.
Assistance with Trema Standards in Rotterdam
- Rotterdam District Court: Wilhelminaplein 100-125, hearings and judgments.
- Legal Aid Office Rotterdam: Westblaak 180, free advice and calculation.
- Law firms in Rotterdam specialized in family law.
Start with the Aid Office for personal guidance.
FAQ Trema Standards Rotterdam
Question: Are the standards mandatory? No, but judges follow them.
Question: How do I modify maintenance? Via Rotterdam District Court in case of changed circumstances.
Question: Calculator? Yes, on rechtspraak.nl or via the Aid Office.