Darina-Veen
Esther Velzen
Aurelie Milhes
Karine-Kayitesi Ponting
Suzy Oge

Statutory Indexation of Child and Spousal Alimony

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Each year, the Minister of Justice determines the alimony index. For 2012, the percentage is 1,3%, meaning that the allowance concluded in your divorce convenant or Court order will be automatically raised with 1,3% as of 1st January 2012. This percentage is based on the wage index which is determined by Statistics Netherlands (Centraal Bureau voor de Statistiek/CBS).

Retroactive effect
The maintenance debtor has to adjust the amount himself without a request from the entitled party being necessary. However, it is advisable to remind your ex-spouse in time. In my practice, I have many clients whose alimony has never been indexed. Either because of ignorance or on purpose. Fortunately, the unpaid amount can be claimed over a maximum of 5 years, with retrospective effect.

Example
A quick example to show you what it means in practice:
Suppose, in 2005 your alimony is € 1.000 per month.
Taking into account the index percentage from 2006 until 2011, you can claim € 1.125,46 as alimony. Moreover, from 2012 onwards you will be entitled to € 1.140,46 a month.
Starting with € 2.000,00, you can claim € 2.251,66 and the new alimony as of 2012 will be € 2.280,93. And so forth.

In case you have not been paid the indexation over the years, my advise is to inform your ex spouse in writing and point out he is legally obligated to pay.

Exceptions
There are, as ever, a couple of exceptions to the indexation rule:
– if different arrangemants have been made;
– if indexation is excluded (temporarily) by the judge;
– if alimony agreements date from before 1st January 1973; arrangements made before this date about the development of the amount will apply unimpaired.

Should you have any questions on this subject or any other subject of family law, please don’t hesitate to contact me.

S Meijler
s.meijler@gmw.nl

 

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