Do you pay or receive child or spousal support? Each year, on 1 January, alimony is indexed. For 2023, the indexation percentage has been set at 3.4%. How does indexation work?
Obligation
Indexation of alimony is a legal obligation (see Article 1:402a of the Civil Code). Maintenance determined by court order or agreement is increased annually by right by the indexation percentage. This increase must therefore be implemented even if no agreements have been made about this in a parenting plan or covenant. It is possible to exclude indexation of spousal support by agreement or arrange it differently.
The increase in alimony is set to compensate for changes in purchasing power. The amount of the percentage depends on the increase in wages in the previous year. The percentage is usually announced in November each year.
Application
The alimony payer is responsible for applying the increase themselves and will have to look up and apply the percentage each year, even if their own income has remained the same. This is therefore not automatic.
The increase can be calculated as follows: suppose you pay €600 in child support, then the new amount after indexation is (600/100) x 3.4 + 600 = €620.40.
Collecting overdue child support
If no indexation is paid, the maintenance recipient has 5 years to claim the overdue amount. After 5 years, the right to collect arrears is time-barred. For example, if child maintenance has been laid down in a court order, the LBIO (Landelijk Bureau Inning Onderhoudsbijdragen) can help you with collection free of charge. If you have only made arrangements by mutual agreement, you will first have to have the child support established in a court order via a lawyer before you can proceed to collection. This will require the original court order.
Change of circumstances
If your circumstances have changed in recent months, it may be wise to have a new calculation made and try to reach new agreements with your ex-partner.
Do you have questions about indexation or alimony or need advice on a change in alimony? If so, please feel free to contact one of our lawyers without obligation. We will be happy to assist you!