Child support can be determined through the court, but can also be discussed mutually. It is always advisable to record the alimony amounts on paper in the form of a statement or agreement. If problems arise, a lawyer can provide assistance. The LBIO only takes action when child support has been determined by the judge. How do you arrange child support between yourselves?
Child support: agree together or have it calculated?
When two partners separate and there are children involved, child support will often be required. Child support is paid by the non-custodial parent to the parent who will care for the child and where the child lives. Child support is sometimes also paid in cases of co-parenting. This depends on the income and the needs of the child. In most cases, child support is calculated using the trema norm. This is a calculation that judges and lawyers use. The law only stipulates that child support must be paid, not how much. The trema standard is often adhered to, unless there are more special circumstances. In some cases, more is paid than the trema standard. This is especially the case when the maintenance obligation is high and the child is in greater need, for example due to illness. If the capacity to pay is insufficient, less child support will be calculated. Child support always takes precedence over spousal support. If there is still room for financial support after the calculated child support, this is for spousal support. Partner alimony is not always paid: only if there was a marriage or registered partnership. You can agree on child support together. The advantage of this is that a different amount can sometimes be agreed upon than what the judge would do. The ex-partners can sometimes make better agreements about alimony together. A disadvantage is that if the maintenance debtor does not fulfill his agreements, it becomes difficult to claim the amount. The National Bureau for Collection of Maintenance Contributions (LBIO) can only be called in if the contribution has been determined by a judge. Agreeing on child support together therefore has its pros and cons.
When to pay child support?
When a relationship ends and children are involved, child support is usually calculated and paid by one parent to the other parent or to the adult child. It does not matter whether it concerned a marriage, cohabitation contract or cohabitation. If the child has legal parents, both are responsible for the maintenance of the child. Child support therefore occurs with single mothers who have never lived with a partner or children born from, for example, a one-night stand. In most cases, the man pays child support because the mother takes care of the child. Sometimes this is deviated from and the father takes care of the child. It is often clear enough who the child’s mother is. The father can only be considered if he is legally the father, has acknowledged the child or has been designated as the father through a paternity action (DNA test).
Record the determined amounts on paper
Calculating alimony together is possible. In the case of a marriage or cohabitation contract, the judge will check whether the calculated amount is not too low and will adjust it if necessary. The parents can also choose not to have an amount determined by the judge. Usually it is then recorded in writing that the amounts can still be determined by the judge at a later date, if one of the parents deems this necessary. If there is no fixed alimony amount, the ex-partners can determine this together. It is always advisable to record this on paper and both sign it. If problems arise with payment in the future, you can fall back on the declaration regarding the payment of alimony. However, in the event of a mutual agreement, the National Office for the Collection of Maintenance Contributions (LBIO) cannot be called in: they will only handle cases that have been determined by the court. It is possible to take the statement to a lawyer and then claim the amount through him. It is advisable for those obliged to pay alimony to transfer the amounts via the bank. This way there is always proof of payment. It is always possible to change child support in the meantime, for example when the situation of the person obliged to pay maintenance changes or when the child becomes more needy. The new amounts can now again be mutually recorded on paper and both sign. The statement must also include an adjusted child support contribution, so that no disagreements can arise about this later.