After a divorce or de facto separation, one parent is often entitled to a child support contribution. In this article, we explain how alimony is calculated in Belgium, what factors come into play and how you can assert your rights in court.
What is a maintenance fee?
A maintenance payment is a monthly amount paid by one parent to the other parent to finance the costs of the children. In Belgium, the obligation to pay alimony is legally enshrined in the Civil Code. The contribution covers daily expenses such as food, clothing, education and leisure.
How is alimony calculated in Belgium?
Belgian law does not prescribe a fixed formula, but judges in practice apply the Method-Renard as a guideline. This method relies on three elements:
- Family income before divorce: The combined net income of both parents.
- The actual costs for the children: expressed as a percentage of family income, depending on the number of children.
- The income ratio: the contribution is divided in proportion to the income of each of the parents.
The calculation also takes into account the residence regime. With an evenly distributed stay (week-week regime), the contribution is often significantly lower or even reduced to the so-called extraordinary costs.
What revenues are included?
All net income is taken into account: earned income, replacement income (unemployment, sick pay), rental income and other benefits. Child support (growth package) and any tax benefits are also sometimes taken into account. Undeclared income may be estimated ex officio by the court based on the standard of living.
What are extraordinary expenses?
In addition to the regular maintenance contribution, Belgian law also provides a scheme for extraordinary costs. These are exceptional, necessary and unavoidable costs not included in the ordinary contribution, such as medical expenses, school trips, study materials or sports activities. These costs are usually shared in proportion to the parents' incomes.
Can alimony be reviewed?
Yes. A maintenance award established by judgment or agreement can always be reviewed if circumstances have changed significantly. Consider a pay cut, loss of employment, remarriage or a change in residence arrangements. An attorney can file a petition for review with the family court on your behalf.
What if child support is not paid?
If the obligated parent does not pay the contribution, the maintenance creditor has several legal tools at his or her disposal. You can use the DAVO (Office of Alimony Claims). who advances the contribution and then collects it from the negligent parent. It is also possible to proceed to executive attachment of wages or bank accounts through a bailiff (huissier de justice).
Need help with alimony calculation or recovery?
The calculation of alimony and its legal procedures are complex. Novex Lawyers will assist you in your divorce proceedings, the negotiation of alimony and, if necessary, its judicial enforcement. Feel free to contact us for an initial discussion.
Also read: Parental authority and primary residence after divorce in Belgium