Alimony and rights after the age of 18 | Legal aid centre


Questioner

I will be 18 next September 3. My parents have been divorced for years and my mother receives €416 per month in alimony. This amount has been determined by the court. Now my father does not want to pay the full amount. He only wants to pay the minimum costs, such as health insurance. This amount will be around €150. He also does not want to transfer the amount directly to me, but to a joint account with him, so that he can see what I am going to do with the money. Can this amount simply be reduced, while this has been determined by the court? And is he allowed to look at that joint account while I am of legal age? I just want the money to go into my own checking account. If he does not pay the €416, what steps can I take?

Lawyer

No, your father is not allowed to demand all that from you. In principle, he must transfer the legally agreed maintenance to your account monthly as soon as you are 18. But it is true that because you turn 18, things can change. This is because the law then sets different requirements for the duty of care of parents towards their children and your ability to pay can also change (in connection with work and education). It seems wise to me to re-establish your needs and those of the foster parent if that is the case.

Lawyer

This is indeed not allowed. A court ruling has determined what your father must pay in monthly contributions. From the age of 18, he must transfer that full amount + indexation to you. He is not allowed to watch from your account. If he fails to pay the amount due, you can contact the LBIO. They will then take over the collection of the maintenance from you free of charge (see www.lbio.nl). If your father believes he has to pay a lower amount of maintenance, he will have to start new legal proceedings in which he will then request a reduction or cancellation of his maintenance obligation. If he does so, you can defend yourself against that request. It is then wise to hire your own lawyer. If you wish, you can contact me.

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