In practice, calculating child maintenance in blended families often gives rise to disputes. A blended family is one in which at least one of the parents also has children from a previous relationship. In a recent ruling by The Hague District Court dated 14 April 2026 (ECLI:NL:RBDHA:2026:11777) the so-called ‘proportional method’ was applied to distribute the maintenance payer’s financial capacity more fairly amongst the children.

How is child maintenance calculated?

First, the child’s needs are determined. This refers to the child’s monthly costs. In doing so, the family income at the time the parents were still in a relationship is taken into account, as this represents the standard of living to which the child is accustomed.

Next, the financial capacity of all those liable for maintenance is calculated. This is what they are able to pay in child maintenance and is determined on the basis of their current income. The financial capacity of all those liable for maintenance is then distributed proportionally across the child’s needs.

If the parties liable for maintenance collectively have sufficient financial capacity to meet the child’s needs, the party required to pay child maintenance may deduct a care allowance from the amount they are required to pay.

What were the facts of this case?

The parties had been in a romantic relationship and have a child together who was born in 2017. The child lives with the woman. In 2019, the court ruled on the amount of child maintenance the man must pay to the woman for the child. After the relationship ended, the man had a child with another woman in 2024.

Child maintenance set by the court may be varied if there has been a change in circumstances, as a result of which the child maintenance no longer meets the statutory criteria. In this case, the court has ruled that there has been a change in circumstances, as the man’s income has changed through no fault of his own. The child maintenance must be recalculated.

How is child maintenance calculated in blended families?

When recalculating child maintenance for the first child, account must be taken of the fact that the man is now also liable for the maintenance of the second child.

The needs of both children must be calculated separately. After all, the period over which the needs are calculated – based on the parents’ income at that time – differs for each child. The same applies to the calculation of the maintenance payers’ financial capacity, as the children’s mothers have different incomes.

In this case, the man does not have sufficient financial capacity to meet – together with the mothers of both children – the children’s full needs. How, then, is the man’s financial capacity allocated between the children?

In the past, judges often divided the maintenance payer’s financial capacity between the children (either equally or according to the children’s needs). A comparison of financial capacity was then made for each family with the other parent. If the parents lacked the financial capacity to meet their child’s needs, this shortfall was divided proportionally between the parents in that family.

In this case, the judge applied the ‘proportional method’. Under this method, calculations are made as if there were only one family. The total financial capacity of the maintenance payers (including the man) is calculated separately for each family. A comparison of financial capacity is then made. This is also done for the other family. This establishes the amount of child maintenance the maintenance payer should pay for each child. In this case, the man does not have sufficient financial capacity to provide for his share of both children. If the person liable for maintenance has insufficient financial capacity, this shortfall is apportioned proportionally between both families.

This method is intended to lead to a fairer distribution of the financial burden across all maintenance payers in blended families.

Conclusion

The judgment of The Hague District Court of 14 April 2026 illustrates how child maintenance can be calculated in cases involving blended families. Judges are increasingly using a variant of the proportional method to arrive at tailor-made solutions in complex blended families and to prevent undesirable outcomes. As applying this proportional method is quite complicated, it is therefore advisable to seek legal advice from a solicitor specialising in family law.

At SPEE Advocaten & Mediation, we have extensive experience in family law. We support clients in Maastricht and beyond with expert and dedicated advice. If you have any questions about calculating maintenance or would like to know what this ruling might mean for your situation, please do not hesitate to contact us.