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The Netherlands:
Child Support
All non-resident
parents in the Netherlands must support their children. Where
possible, parents are encouraged to arrive at voluntary arrangements
for child support. If an agreement cannot be arranged, a child
support liability can be decided upon by the District Court, using
the TREMA tables. These tables contain complex formulae for the
assessment of maintenance, and take into account the following
factors:
-
assessable income, which is calculated by deducting amounts for
living expenses (based on social assistance rates) from gross
income;
- allowance
is made for the non-resident parent's costs of setting up a new
home and the costs of contact with the children;
- where the
non-resident parent has a second family, assessable income is
reduced by around 50 per cent, in recognition of the belief that
people should be free to form new relationships;
- whether
the resident parent has entered into a new relationship, the
decision about liability for maintenance between a step-parent
and a non-resident parent is based on an assessment of the
relationship between the child and the non-resident parent.
Deliberations canvass issues such as whose surname the child
bears and how frequently contact occurs.14
Voluntary
payments which are too low may be overturned and replaced with a
liability calculated by the National Bureau for the Recovery of
Child Maintenance (LBIO), based on the TREMA tables. This may occur
where a lone parent claims means-tested benefits. District Court
decisions are not altered.
Automatic
payments of child support are usually made by the non-resident
parent's bank and are usually arranged at the time of the divorce
proceedings. There is a Central Registry for all citizens which
expedites the tracing of absent fathers given that as soon as
someone appears in the municipal register they also appear on the
central system.
The current
child support system has only been fully operational in the
Netherlands since January 1997 but it is regarded as effective in
making resident parents seek maintenance, and the non-resident pay.
Compliance under the new arrangements has been described by one
source as "good" although no performance data is currently
available. The previously mentioned LBIO was created as part of the
1993 child support reforms in the Netherlands, and replaced the 19
local offices of the child welfare office. The LBIO can collect
maintenance where payment has been missed at least once in a
six-month period, or where parents request it. Non-resident parents
are charged 10 per cent of their liability for this collection
service - the levy is intended to encourage private arrangements.
There is no
minimum child maintenance level. Nor is there a system of advance
payments available. Where a resident parent is not in receipt they
may apply for means-tested benefits.
Source: Helen Barnes, Patricia Day and Natalie Cronin, Trial and
Error: a review of UK child support policy, Family Policy Studies
Centre |