Legal advice on child-related budget

Questioner

For seven years now, I've been struggling with the problem that my ex receives the child benefit but doesn't give any of it to me. We have a 50/50 split, where our child lives with each parent. So one week he's with me, and the next week with my ex. However, my ex now considers this money her own and refuses to divide it fairly. She also spends this money on debt repayments and, in my opinion, uses it for things like a lease car and an expensive phone plan. Is there a way I can still receive half of the child benefit? Like my ex, I care for our child 50% of the time and think I should be entitled to this.

Questioner

Typically, both ex-spouses arrange this themselves. Do you also pay child support? Then you could make a new calculation. You could also hold your ex accountable for division, but in proportion to income. I can help you with this. (0.a reference to law and case law)

Questioner

Dear Mrs. Ferwerda, Thank you very much for your response. There is no question of child support, as my ex and I both share exactly half of the childcare. Our incomes were also comparable in the past, so neither of us considered it necessary. I've repeatedly raised the request for a fair division with her, but she has repeatedly rejected it. She considers this money her own and has now explicitly stated that if she has to give me half, she'll have trouble paying off her debts. This is one of the reasons this situation bothers me, as I have to use my savings for everything, since I'm unfortunately on sick leave, while she spends the money for our child on her own debts. Then she sends him to me in clothes that literally have holes in them. I don't think this is fair and therefore want half of this money so I can ensure it gets to the right person. To my knowledge, there's no way to legally arrange this. Both the Social Insurance Bank (SVB) and the Tax and Customs Administration say they can't do anything about it. If you know a way it would be greatly appreciated.

Questioner

That's correct: the services transfer the child benefits to one person. You do have private obligations between you, so that's the basis for the letter. This could be cooperation with the obligation to register a child with you, or the division of child benefit, which I believe can be done through the Social Insurance Bank (SVB) at your mutual request. After that, you will receive benefits and a budget for a child.

Questioner

Dear Mrs. Ferwerda, Child benefit isn't a problem; I was able to arrange that myself with the Social Insurance Bank (SVB). This case concerns the child-related budget. The SVB indicates it can't help me with this. The tax authorities indicate the same. Does they also have a private law obligation to distribute the child-related budget? Thanks again for your detailed answers.

Questioner

Based on the regime you both chose, I believe so, especially considering the fact that you both receive roughly the same income. I've briefly studied the current case law for you regarding the claim for a change of address in connection with eligibility for benefits in co-parenting situations. This can ultimately be enforced by petitioning the court, but I hope your ex-wife will see that it's a less expensive route to find a mutual solution without judicial intervention. I can assist you with that route, even if she consults a lawyer.

Questioner

I'm currently receiving significantly less income because I'm on sick leave, so she's already receiving more in that respect. It would be very helpful and greatly appreciated if you could offer support in this matter. How does that work? I do see the "contact us directly" button.

Questioner

You can indeed request more information from me via the direct contact button, especially regarding options and prices.