How long will I be financially responsible for my 25 year old daughter who continues to study?
Questioner
There is a dispute between my ex-husband and me regarding my financial contribution to our daughter. I hope you can clarify this for me. In 2016 I got divorced and a parenting plan was drawn up and signed by my ex-husband and me. This also includes the payment of care and study costs for the children. My oldest daughter, (now 25 years old), finished MAVO and then followed an MBO education. After that she continued her studies; HBO. She should finish her education there half of this year. I now have a dispute with my ex-husband about the payment of these costs by me. In April of this year I indicated to my daughter that I would stop paying the invoices for her study after the end of July. After all, she would have completed her education by then. Unfortunately, the relationship has been seriously disrupted. In the last 3 years, I have only had contact with her when she needs to get invoices paid, and no further information about the progress of her education, healthcare costs or anything else. So I only get invoices for payment without consultation, explanation or input. In addition, as mentioned, no information about the progress of her education. If she continues to study, she can continue to study for years and given the contacts as they are, I do not see myself contributing financially any longer. Not as long as there is no normal understanding. The parenting plan states the following: End The parties are aware that child support or a contribution to the costs of living and study expires at the end of the month in which a child can reasonably provide for his or her own living expenses or is no longer studying. My ex-husband states 2 things: - The Parenting Plan does not contain an end age and is therefore fully applicable - My daughter cannot reasonably provide for her own living expenses so I have to pay He also indicates that she still has to finish 1 year of HBO and then continues with a Master's degree. In short, at least 2 more years of contributing to costs. That she has not yet completed her education this year, was also completely unknown to me. She has completed an MBO education so 'reasonably' she may be considered capable of providing for her own livelihood and finding a job based on that education. She makes her own, completely independent choice to continue studying. It seems to me legally untenable that I should contribute to these costs while, if she herself finds a job, she can perfectly well provide for her own livelihood. So my question is 2-fold: 1) Is there an age limit on the contribution to study/healthcare costs (25 is long past the young adult phase)? 2) How should we reasonably interpret the concept in this situation? Given the deadline set by my ex-husband in consultation with his legal aid, I would like to hear it. It seems to me that 'reasonably' should be interpreted as paying up to an educational level until she can find a job and pay her own bills. That this does not mean that she can continue studying at my expense until she gets tired of studying.Lawyer
Your situation concerns two important legal issues surrounding the obligation to pay child support or a contribution to the costs of living and education for an adult child. 1. Age restriction in Contribution to Study/Healthcare Costs In the Netherlands, there is no legal age limit for paying child support. Normally, the maintenance obligation ends when the child turns 21. However, if a child is still studying or cannot provide for his or her own livelihood for other reasons, the maintenance obligation can continue. The provisions in the parenting plan are leading in this. If no specific end age is included in this, the interpretation can vary. 2. Interpretation of 'Reasonably' The formulation 'can reasonably provide for his own livelihood' is open to interpretation. Your argument that your daughter should be able to provide for her own livelihood with her MBO education is a valid position. However, your ex-husband may argue that further education (HBO and possibly a Master's degree) will significantly improve her chances on the labour market. This complex situation requires careful consideration. Possible considerations include: Academic progress and motivation: Is your daughter active and successful in her studies? Responsibility for own livelihood: To what extent can your daughter reasonably be expected to provide for her own livelihood, given her level of education and job market opportunities? Communication and relationship: The disturbed relationships and lack of communication can influence the interpretation of the agreements. Advice Given the complexity of the situation, it is advisable to seek legal advice from a specialist lawyer or mediator. They can assess the specific details of your situation and advise you on the best course of action. This can help to arrive at a solution that respects both your interests and those of your daughter, within the framework of the parenting plan and Dutch law.Neem de volgende stap
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