Ordinary expenses vs. extraordinary expenses
Understanding the essential distinction to protect your children's interests
The respective contribution of each parent is determined by taking into account the foreseeable expenses for the children. However, exceptional situations may arise and lead to unforeseen expenses. It is therefore crucial to understand the distinction between ordinary and extraordinary expenses, and to know the legal framework that governs them.
The fundamental distinction
In Belgian law, expenses related to children are divided into two distinct categories:
|
Ordinary expenses |
Extraordinary expenses |
|
Regular expenses related to the daily maintenance of
the child (e.g.: food, everyday clothing, hygiene products, basic pharmacy, ordinary school expenses, etc.) |
Exceptional, necessary or unpredictable expenses
that result from accidental or unusual circumstances and that exceed
the usual budget allocated for the daily maintenance of the child that served as
a basis, where applicable, for determining the maintenance contributions. |
|
Covered by the monthly maintenance contribution |
Distributed separately between the parents according to an agreed distribution key or set by the judge |
|
Expenses incurred on a day-to-day basis by each parent |
Require prior consultation and agreement (unless in an emergency) |
Why is this distinction crucial?
If exceptional situations arise and are likely to lead to unforeseen expenses, the parents will have to intervene again. The determination of each parent's contribution to these exceptional expenses must be specified in the agreements or by judgment.
The Royal Decree of 22 April 2019: the legal framework
The Royal Decree of 22 April 2019, implemented under article 203bis, §3, paragraph 6, of the Civil Code (introduced by the law of 21 December 2018), exhaustively defines the categories of extraordinary costs and their payment methods.
Fundamental principle : Unless otherwise agreed or decided by a court, extraordinary costs are limited to the categories defined by the Royal Decree. This list is restrictive, which provides legal certainty to both parents.
|
Category |
Concrete examples |
Conditions |
|
1° Medical |
Specialist doctors, prescribed medications, surgery, orthodontics, glasses, psychology, physiotherapy, etc. |
Medical prescription + after mutual/insurance deduction |
|
2° Educational |
Green class, expensive uniform, higher education, IT, private lessons, student accommodation, Erasmus |
After deduction of scholarships/allocations |
|
3° Development |
Nursery (0-3 years), sports/culture/art, driving licence |
Licence: only if not free via the school |
|
4° Open clause |
Any cost qualified as extraordinary by agreement or by the judge |
Agreement of both parents or court decision |
The mandatory prior consultation
Strict rule
Except in case of emergency or proven necessity, all extraordinary expenses must be subject to prior consultation and agreement regarding:
· the opportunity of the expenditure
· as well as its amount
In practice : a parent who incurs an extraordinary expense without prior consultation (except in emergencies) risks not being able to obtain reimbursement from the other parent.
Payment terms
§1. Quarterly payment
Unless otherwise agreed or ordered by a court, extraordinary expenses must:
· Be settled quarterly
· Be accompanied by a copy of the receipts from the parent requesting payment
· Be paid within 15 days following the communication of the statement accompanied by the receipts
§2. Obligation of transparency
The parent who receives or benefits from study allowances, scholarships, an intervention from the mutual fund, hospital or supplementary insurance must provide the other parent with:
· An overview of all amounts received with a copy of the receipts
· As soon as they have it and at least once a year in September
In summary:
|
Rule |
Detail |
|
Prior consultation required |
Mandatory on the opportunity AND the amount (unless urgent) |
|
Frequency of payment |
Quarterly |
|
Supporting documents |
Mandatory copies with the statement |
|
Payment deadline |
15 days after receipt of the statement |
|
Annual transparency |
Overview of reimbursements received, at least in September |
Distribution between parents: The distribution key for extraordinary expenses can take different forms :
· All expenses borne by one parent, the other paying a flat amount
· Equal split (50/50)
· Distribution according to another agreed proportion or set by the judge (proportional to respective incomes)
This document is not legal advice. For any questions regarding your personal situation, please do not hesitate to contact us.
Our multidisciplinary team is at your disposal to assist you.