Parents of children up to the age of 21 are jointly responsible for the costs of caring for and raising children. This also applies after a divorce. When parents separate, they must make agreements on the financial contribution to the costs of the living expenses of the children. This financial contribution is called child support.
Former partners often make agreements on child support. However, if parents cannot agree on a child support arrangement, the court can decide the amount. In this case, the Guardianship Council CN will calculate the amount and submit an application to the court on behalf of one or both parent(s). The Guardianship Council calculates what is necessary for the living expenses of the child(ren) and how much both parents can afford. Based on this calculation, the most suitable and realistic child alimony amount will be recommended to the court. Ultimately, the court will decide whether child support will be granted and what the amount will be.
Once the court has made a decision, one of the parents will be required to pay an amount for the children to the other parent. The amount can only change if one of the parents requests this. In this case, the Guardianship Council will make a new calculation and the court will make a new decision on the child support.
Step by step
What happens if an application for child support is submitted?
Child support applications can be submitted to the Guardianship Council CN in the country where the child is registered. Child support applications can be submitted by sending an email to email@example.com or in person during the office hours of the Family Guardianship Council on Tuesdays and Thursdays between 09:00 and 11:00. If you are unable to visit the Guardianship Council during office hours, you can call the council to make an appointment with an official of the Guardianship Council at your location.
Based on the income and the expenses of both parents, the Guardianship Council will prepare a calculation using a fixed calculation model. This model considers the needs of the child(ren), how many children the individual parents have, how many children they have together, and how long the child(ren) stay(s) with both parents. Based on the above, the Guardianship Council will prepare a recommendation, which will include the costs and a calculation of the child support. This advice will be included in the application.
After the investigation, the child support employee will discuss the advice and application with the parents. The parents will be required to sign a statement for reviewing the recommendation. The parents may always bring a counsellor or be assisted by a lawyer.
The Guardianship Council submits the application and any annexes to the court. No costs will be charged for this. The court will subsequently determine the date on which a court meeting will take place. This is called the ‘hearing’. The parents will be invited to this hearing. The child support employee of the Guardianship Council will also attend the hearing. The court will ask the parents questions and the contents of the application will be discussed at the hearing.
At the end of the hearing, the court will decide on which date the ruling will be rendered. The decision or ruling of the court will be captured in writing. The parents can both appeal this ruling.
The Guardianship Council will send a copy to both parents once it receives the ruling. The Guardianship Council will ensure that the correct information will be shared with the Belastingdienst Caribisch Nederland (Belastingdienst CN). The Belastingdienst CN will arrange the collection and payment of the child support. The parent responsible for paying child support will receive a letter with payment details and the bank account number of the Belastingdienst CN to which he or she must pay the child alimony. The parent who will receive the child support will be asked to submit his or her bank account details to the Belastingdienst CN.
Please note: The parent who must pay child support is responsible for this payment. This parent will receive no more than 2 summons from the Belastingdienst CN. After these summonses, the Guardianship Council will have the right to place a seizure on the wages of the defaulting parent. In the most extreme case, the Guardianship Council can engage a bailiff at the request of the parent entitled to receive child support. The Guardianship Council will reimburse the costs of preparing and issuing an enforcement order by the bailiff. The seizure costs will be paid by the parents.