The maintenance contribution

Ensuring your children's future after separation

When a couple decides to separate, one of the absolute priorities remains the well-being of the children. Beyond the emotional aspects, it is crucial to ensure that the material needs of each child are met fairly. This is precisely the role of the maintenance contribution.

What is the maintenance contribution?

The maintenance contribution is a financial obligation on the part of the parents towards their children. It aims to provide them with a stable environment, an appropriate education, and the necessary means for their development.

The legal basis for this obligation is found in Article 203 § 1 of the Belgian Civil Code, which states: "Parents are obliged to provide, in proportion to their means, housing, maintenance, health, supervision, education, training, and the development of their children."

How is it determined?

The amount of the maintenance contribution is not arbitrary. It results from a thorough analysis of several factors:

For example: when a child primarily resides with one of their parents, that parent assumes a greater proportion of the daily expenses (housing, food, routine care). The other parent will then have to pay a maintenance contribution to the other parent, calculated based on their combined resources and taking into account the criteria mentioned above.

The legal framework

The child has a right of their own to claim this contribution from both parents, regardless of any private agreement made between them.

In case of amicable separation, parents can agree on the terms of the contribution. However, the judge retains oversight and may require adjustments if the proposed amounts do not correspond to the actual needs of the child.

Enhanced requirements

·        The obligation to justify the amount agreed in any parental agreement

·        The mention of the possibility of resorting to a delegation of sum (direct deduction from the debtor's salary)

Contributory capacities: a key concept

The determination of maintenance contribution is based on a fundamental legal concept: the contributory capacities. It refers to the actual financial capacity of each parent to contribute to the costs related to the children.

What the courts examine

Attention: actual income vs potential

A parent unemployed or with reduced income? The judge checks if this situation is suffered or chosen.

If the parent has voluntarily reduced their income (resignation, unjustified lower-paying activity), the court can assess their contributory capacity based on the income they could obtain by normally utilising their professional capabilities. A parent cannot deliberately worsen their financial situation to reduce their contribution.

What duration for this obligation?

Beyond 18 years: The maintenance contribution does not automatically cease at the child's majority. Parents remain obliged to support their child as long as they are not financially independent, particularly if they are pursuing higher education.

How to adjust the contribution over time?

Life changes and the maintenance contribution must be able to adapt to changing circumstances. Two mechanisms allow for these adjustments:

1. Automatic indexing

Unless stated otherwise, the contribution is revised annually according to the consumer price index, thus ensuring the maintenance of its purchasing power.

2. Occasional revisions

Parents can foresee or request an adjustment in several situations:

· At certain key stages in the child's life (transition to university)

· In case of substantial modification of a parent's resources (job loss, significant promotion)

·        In light of theevolving needs of the child (health issue)

·        On thejudge's decision, if it is justified by the child's interest

In summary