Many parents and young adults in Tilburg do not know that the maintenance obligation for children aged 18 to 21 years continues to apply. Despite reaching the age of majority at 18 years, the parents' obligation does not end immediately. This article discusses conditions, rights and obligations regarding maintenance contributions for students and young adults in the region.
What does the maintenance obligation 18-21 years entail?
The maintenance obligation 18-21 years is laid down in article 1:395a of the Dutch Civil Code. Parents must contribute to the living expenses and study of children up to 21 years of age. This applies to married, divorced parents or unmarried couples, including adoptive and acknowledging parents.
Legal basis: article 1:395a DCC
According to article 1:395a DCC, the maintenance obligation continues until 21 years of age, if the child needs maintenance and the parents have sufficient capacity to pay. No difference between 18-21 and younger.
Conditions for maintenance in Tilburg
Three conditions for entitlement to contribution:
1. Age 18-21 years
Applies only between 18 and 21 years. At 21 years, it ends automatically, except in cases of special agreements or circumstances.
2. Need for maintenance
The child must demonstrate a genuine need and be unable to make ends meet independently. Assessment includes:
- Living expenses (food, clothing, housing)
- Study expenses (books, materials)
- Care and insurance costs
- Own income (job, DUO funding)
- Child's assets
A part-time job or student financing does not always eliminate the need; the overall situation is considered, as judged by the court.
3. Parents' capacity to pay
Contribution depends on the parents' financial capacity to pay:
- Net income
- Assets and property
- Fixed expenses and other obligations
- New family
- Housing costs in Tilburg
Insufficient capacity to pay? Contribution reduced or zero.
Study and maintenance obligation around Tilburg
Must the child be studying to qualify for maintenance? No strict rule:
Study obligation?
No statutory study obligation for 18-21 years. But working or not pursuing studies when possible reduces the need. Court: child can provide for itself.
Appropriate studies?
Regular education qualifies:
- MBO
- HBO/WO bachelor
- Full-time/part-time
Must be pursued seriously. Poor progress or dropping out? Contribution stopped/reduced.
Amount of maintenance contribution
No fixed rate; depends on the situation. Guidelines:
Calculation
Courts use Nibud or Tremannorms for young adults.
| Cost item | Average p/m |
|---|---|
| Living expenses | €200-€350 |
| Study (excl. tuition fees) | €50-€150 |
| Health insurance | €120-€150 |
| Pocket money/other | €100-€200 |
In Tilburg: consult District Court Zeeland-West-Brabant, Wilhelminapark 100 for procedures. Free advice at Juridisch Loket Tilburg, Spoorlaan 364.