Child Support Changes: Advice and Information

Questioner

LS My question is about child support. As of January 1, 2015, child support is no longer tax deductible. I pay my 19-year-old daughter €344.07 per month and my ex-partner pays €191.71 twice a month for the two youngest children (16 and 13 years old). Because the calculation of the ability to pay takes tax benefits into account, I will end up paying too much in January and will therefore be financially worse off. Can you tell me if it is worth submitting a request for amendment to the court via a lawyer? I will not receive legal aid and will therefore have to pay the lawyer's costs myself. I pay €466.16 per month in spousal support. Will this amount also change because it has been kept lower in connection with child support? I look forward to receiving your valued response.

Lawyer

You will have to have a new load-bearing capacity measurement done. If this shows that your capacity to pay is lower than it is now, you can ask the court to change the child support. As for spousal support, child support has priority. If there is any capacity left, it will be used for spousal support.

Lawyer

In your case, it is wise to first have a calculation drawn up based on the situation as of 1 January, after which you decide whether or not you want to start a change procedure at the court. I note that up until now it has been assumed that the change in the tax legislation is such that a review of the maintenance can be requested. The lawyer can take into account in this recalculation that as of 1 January 2018, not only the tax benefit due to the payment of child support will expire, but also the single parent discount will expire. However, this will be reflected in a higher child-related budget. This child-related budget is deducted from the needs of the children. The parents must provide for the amount that remains, you by paying child support. Because the child-related budget increases as of 1 January 2018, there are situations in which there is no longer a need that still needs to be provided for. I would like to point out that, as of 1 April 2013, child support will be calculated in a different way. This new method will be applied when recalculating. If child support is reduced, there will be more room for spousal support on your side and this could actually amount to a higher amount. However, it is then up to your ex-partner to request this higher contribution. The judge will not automatically adjust spousal support. When assessing a possible request from your ex-partner for a higher contribution, it will then be relevant how the amount of spousal support was arrived at at the time, how high your ex-partner's needs are and how she provides for any remaining needs herself. If you decide to start a modification procedure, you will not only have to involve your ex-partner as a representative of your minor children, but also your adult daughter as the opposing party. She is then also a party to the proceedings. Furthermore, the judge will summon your 16-year-old son or daughter to make his or her opinion known about the request. He or she may then respond in writing or in a conversation with the judge. The parents are not present at this conversation.