Child support is a legal obligation, but what if the established amounts are putting too much strain on your finances? If you're barely making ends meet, it's important to know if you're paying too much and what steps you can take to adjust. In this article, we explain how child support is calculated, when a recalculation is necessary, and what options you have for seeking financial relief.
How is child support calculated?
Child support is calculated based on the following factors:
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Needs of the child
The child's needs are determined by the net family income before the divorce. This determines what is needed to provide the child with the same standard of living. -
Carrying capacity of both parents
Your capacity to pay (financial capacity to pay) is calculated based on your income, fixed costs, allowances and other financial obligations. -
Care discount
The time you spend with your child (care arrangement) can affect child support. The more care you provide, the lower your child support obligations may be.
When might you be paying too much?
You may be paying too much child support if:
- Your income has decreased : For example, due to dismissal, illness, or a reduction in working hours.
- Your expenses have increased : Such as higher housing costs or new financial obligations.
- The other parent's situation has changed : If the other parent has a higher income or lives with a new partner, this may affect their ability to pay.
- Alimony is outdated : Alimony amounts are determined based on the current situation. Changes in your life may not be taken into account.
What can you do if you pay too much?
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Request a recalculation
A recalculation of child support can be performed by a mediator, lawyer, or financial expert. They use the most recent financial information of both parents to create a new alimony calculation. -
Consult with the other parent
In some cases, it's possible to make new agreements about the amount through mutual agreement. However, make sure to have these agreements in writing. -
File a petition with the court
If consultation is not possible, you can ask the court to reassess alimony. You must then demonstrate that your financial situation has significantly changed. -
Check for allowances and support
If you are experiencing financial difficulties, you may be eligible for benefits such as housing benefit or healthcare benefit, or support through debt counselling.
Risks and opportunities
Risks
- Legal costs : If you go to court, legal costs can mount up, especially without legal expenses insurance.
- Negative relationship with the other parent : Discussions about alimony can cause tension.
Chances
- Lower alimony : A recalculation can lead to a reduction in alimony, which will improve your financial situation.
- Better balance : By discussing your situation, understanding can be created and a more sustainable solution can be found.
What you need to know about changes in alimony
A request to modify alimony can be filed with the court if:
- A 'change in circumstances' : For example, loss of job, new financial burdens or changed family circumstances.
- A serious disproportion : If the current maintenance obligation is no longer reasonable.
Conclusion
If you're barely making ends meet due to the amount of child support you're paying, it's important to take action. Start by recalculating the support and discussing it with the other parent. If this doesn't lead to a solution, you may consider legal action.
Do you need help with a recalculation or legal support? Contact Rechtswinkel.nl or a specialized lawyer to discuss your situation.
