According to the law, parents are obligated to maintain their children during their minority (up to 18 years of age) and their young adult (18-21 years of age).
Usually, a so-called NIBUD tables method is used to calculate the cost of children. Those tables take three factors as a starting point: the number of children, the age of the children and the family income at the time of the divorce. These data are then used to calculate how many child support points there are, and with the family income on hand, it can then be calculated how much the parents spend on average on their children in their particular situation. Of course, this is based on averages calculated by NIBUD, but gives a good picture. Judges usually use this method. These costs include both the costs of staying with a parent and other, "transitional" costs. These include costs of clothing, school, dues and hobbies and the like. Both parents face costs of residence for their children.
This amount should be borne by both parents in proportion to their ability to pay. Assuming that one parent earns twice as much as the other, the amount of need should be divided by three and that parent pays two-thirds of that amount.
Children are registered at the address of one of their parents: that is where they have their primary residence. Under the child support system, the parent where the children are registered usually pays all "residence overriding". expenses: school, hobbies and dues. And in addition, of course, residence expenses. The other parent, of course, also has subsistence expenses for the children. Those costs are calculated through a so-called care allowance. If the children stay with him/her an average of 1 day per week, then a percentage of 15% applies, for an average of 2 days per week 25% and for 3 days or more a percentage of 35%.
It is often mistakenly thought that child support is only for usual expenses and therefore not incidental expenses such as a bicycle or school trip. Child support is a contribution by one parent to the costs incurred by the other parent for the children. So it is never a full cost recovery amount, because the other parent also has a duty to contribute, of course. In addition to child support, the parent where the children have their primary residence also receives Child Support and often the Child Budget. If the children are under the age of 12 and the parent where the children are registered is employed, a tax benefit in the form of the combination discount also applies.
The financial capability of both parents is calculated based on their income. Here, as in the determination of needs, all gross income components are added together and the tax burden is calculated based on this. When calculating the child support capacity, tax benefits such as deductible mortgage interest are not included. From the disposable income of each parent, his/her financial capability is then calculated according to a certain formula. Each parent's share in the costs of the children is then calculated in proportion to that ability to pay.
Child support is determined by the court in an order. However, the parents can of course also agree on this themselves and record it in an agreement. Please note that child support is subject to legal indexation.
Determining the correct starting points for child support is customized work; the calculation is really only the corollary. I am happy to help you further, either as a lawyer or in mediation.
Usually, a so-called NIBUD tables method is used to calculate the cost of children. Those tables take three factors as a starting point: the number of children, the age of the children and the family income at the time of the divorce. These data are then used to calculate how many child support points there are, and with the family income on hand, it can then be calculated how much the parents spend on average on their children in their particular situation. Of course, this is based on averages calculated by NIBUD, but gives a good picture. Judges usually use this method. These costs include both the costs of staying with a parent and other, "transitional" costs. These include costs of clothing, school, dues and hobbies and the like. Both parents face costs of residence for their children.
This amount should be borne by both parents in proportion to their ability to pay. Assuming that one parent earns twice as much as the other, the amount of need should be divided by three and that parent pays two-thirds of that amount.
Children are registered at the address of one of their parents: that is where they have their primary residence. Under the child support system, the parent where the children are registered usually pays all "residence overriding". expenses: school, hobbies and dues. And in addition, of course, residence expenses. The other parent, of course, also has subsistence expenses for the children. Those costs are calculated through a so-called care allowance. If the children stay with him/her an average of 1 day per week, then a percentage of 15% applies, for an average of 2 days per week 25% and for 3 days or more a percentage of 35%.
It is often mistakenly thought that child support is only for usual expenses and therefore not incidental expenses such as a bicycle or school trip. Child support is a contribution by one parent to the costs incurred by the other parent for the children. So it is never a full cost recovery amount, because the other parent also has a duty to contribute, of course. In addition to child support, the parent where the children have their primary residence also receives Child Support and often the Child Budget. If the children are under the age of 12 and the parent where the children are registered is employed, a tax benefit in the form of the combination discount also applies.
The financial capability of both parents is calculated based on their income. Here, as in the determination of needs, all gross income components are added together and the tax burden is calculated based on this. When calculating the child support capacity, tax benefits such as deductible mortgage interest are not included. From the disposable income of each parent, his/her financial capability is then calculated according to a certain formula. Each parent's share in the costs of the children is then calculated in proportion to that ability to pay.
Child support is determined by the court in an order. However, the parents can of course also agree on this themselves and record it in an agreement. Please note that child support is subject to legal indexation.
Determining the correct starting points for child support is customized work; the calculation is really only the corollary. I am happy to help you further, either as a lawyer or in mediation.