Student finance and parental contribution: What do you need to know?
Questioner
Today I received a letter from DUO stating that my 25-year-old son has applied for a grant for living away from home and DUO has registered my address. I divorced my ex-wife in 2001 and my son has lived with her and his stepfather ever since. My ex-wife wanted to divorce me because she had a new love that she has been married to for a long time. My 2 children therefore have a stepfather. They both have a good income and work at HBO level. In 2004 I also remarried. The relationship between my ex-wife and me is very bad. I have not seen my 2 children for more than 10 years and especially my eldest son (the person in question here) does not want any contact with me. I have tried everything, via his mentor at school, I met them once in the supermarket, then he quickly ran away from me. The judge's ruling at the time stated that I was allowed to see my children for a weekend every 2 weeks, my ex-wife never kept to that. Unfortunately I have seen them very little and now there is no contact at all, not for more than 10 years. My current wife does not work, due to her health she cannot do this and I myself have not had a job since December 2016 because the company where I still work as an assembly worker moved abroad. I have been dependent on benefits since January 2017. My question is: 'Am I legally obliged to contribute to the non-resident grant of my 25-year-old son?'Lawyer
From your story I gather that your son is entitled to student finance. Since the change in the student finance system, it is only possible for MBO students to receive a non-resident student finance. This form of student finance is paid by the government and is a higher amount than the standard basic grant. A parent does not have to contribute to the non-resident grant. However, a pupil is only entitled to a non-resident grant if he lives at the address given to the DUO and is registered with the municipality and this address does not belong to (one of) the child's parents. From your story I gather that your son does not live with you and is therefore most likely not registered at your address. Even if this is the case, your son cannot be regarded as living away from home because his father, i.e. you, lives at the same address and is registered. DUO considers this to be fraud and is therefore strongly discouraged. In this case, your son risks the consequence that the amount he received too much in student finance will have to be repaid and possibly a fine if DUO discovers that he cannot be regarded as living away from home. If you cooperate in this situation, you also risk a fine. In addition, parents are expected to contribute to their child's education to the extent possible. If this is not the case, an MBO student can apply for a supplementary grant. In that case, the parent's income is taken into account to determine how high this grant can be. However, the parent's contribution has no effect on the basic grant, whether or not living away from home, which is paid by the government. It is possible that you made an arrangement for a contribution to the maintenance of your children and their education when you divorced your ex-wife. This is also separate from the basic grant. If your son is a HBO or university student who still falls under the old student finance system, the above also applies. If he is a new HBO or university student, he will no longer receive a basic grant, but only a loan from the government. You can also find more information about student finance on the DUO website: https://www.duo.nl/particulier/Questioner
As I wrote above, I have not had any contact with my son for more than 10 years because he does not want to. I do not even know why he applied for a grant for living away from home and what kind of education he is possibly going to do. My ex-wife does not keep me informed about anything. There was and always has been very bad contact between my ex-wife and me. In the past, I have been to her and her current husband's door several times for my son, unfortunately without any result. She does not want any contact and neither does my son. Furthermore, I would like to explicitly state here that my question has nothing to do with fraud or the like, I also know that what you write is not allowed. After my divorce in 2001, my son has always lived with my ex-wife and is therefore not registered at my address. But that is completely out of the question, I would like to know whether I am legally obliged to contribute to the grant for living away from home or possibly my son's studies. He has a HAVO diploma, so I assume he is going to do a HBO education)Lawyer
If your son is going to follow a HBO education, he is eligible for study financing. This financing consists of: 1. a loan 2. a student travel product 3. a possible additional grant (depending on the parents' income) 4. a tuition fee loan. A non-resident grant is no longer possible for HBO students since the change in the regulations regarding student finance. All these forms are paid for by the government and you as a parent do not have to contribute to them. As I already wrote, only MBO students are still eligible for a non-resident grant. In that case too, you do not have to contribute. Parents are only expected by DUO to contribute to the child's education. If they cannot do this, the child may be eligible for a supplementary grant. As a result, all studying children (can) ultimately receive the same amount of study financing. However, it is not an obligation for DUO or the government to contribute to the education of your child. In short, no, you are not obliged to contribute to your son's non-resident grant. In addition, you are not obliged by DUO or the government to contribute to your son's education.Neem de volgende stap
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