Is it finally happening? Will the alimony obligation of step-parents be abolished?
This blog discusses the letter that Franc Weerwind, the Minister for Legal Protection, sent to the House of Representatives on 17 April 2023 in response to the WODC report on alimony. The minister addresses a number of recommendations made by researchers of the WODC report regarding child and spousal support. In his letter, the minister announced, among other things, that he intends to submit a bill with the aim of abolishing the maintenance obligation of step-parents.
Background information
After a divorce, parents remain liable for the maintenance of their own children. The parents are legally obliged to provide for the maintenance costs of their child until the child reaches the age of 21. Children between the ages of 18 and 21 are young adults. From the age of 18, the applicable maintenance obligation of young adults applies to them, whether they are studying or not. After the child has reached the age of 21, the maintenance obligation only applies in the event of need. This means that there is then only an obligation to pay maintenance to the child if the child cannot provide for its own maintenance.
Current maintenance obligation of step-parents
In addition to the maintenance obligation that parents have for their children, the legislator has also included a maintenance obligation for the stepparent. As a stepparent, you are only liable for maintenance for your stepchild(ren) based on current legislation if you meet the following two criteria:
- You are married or have a registered partnership with your partner; and
- Your partner's children are part of your family. The question of whether a child belongs to the step-parent's family can be interpreted broadly. For example, the child belongs to the family of the parent and the step-parent if it is registered at the same address as the step-parent. Even if the child is studying and living in a room, it may be part of the family.
The maintenance obligation of the step-parent can end in two ways. First, when the stepchildren reach the age of 21. Second, the maintenance obligation ends if the marriage or registered partnership between the parent and the step-parent is terminated.
What could change regarding the maintenance obligations of step-parents?
In 2021, the WODC research report 'Alimony today, acceptance of alimony in the light of social development' was presented to the House of Representatives. The central question here is whether the current alimony law is still up-to-date. For example, this report recommended abolishing the alimony obligation of step-parents.
The Minister has considered this in this way. In his letter to the Lower House, he announced that he will agree with the recommendation to abolish the maintenance obligation of step-parents and that he will amend the law on this point. To this end, he considered the following; in principle, it may be in the financial interest of the child if multiple (step)parents are required to provide maintenance. However, removing the maintenance obligation of step-parents will ensure that divorces are de-escalated. By abolishing the maintenance obligation of the step-parent, a step is taken in the right direction to make complex divorces and the situations that arise from them less complicated. By abolishing this obligation, the calculation of child maintenance becomes less complicated, because fewer parties are involved. This makes room for a simpler, less complicated and more efficient method of calculating child maintenance. Finally, the distinction between married and unmarried step-parents, who are not required to provide maintenance, is removed.
Conclusion
In short, social relations are constantly changing, which makes it necessary to be able to adapt the law. By abolishing the maintenance obligation of step-parents, divorces become less legal and escalation is reduced. This is in the interest of the child. Before the abolition of child support for step-parents becomes reality, a bill still needs to be submitted and adopted. It is expected that the legislation will not be amended before 2024.
