If you and your partner separate, you will need to make arrangements regarding the costs of your children and how much of these costs each parent will cover. The amount of child support is determined based on the needs of your child and the financial capacity of you and your ex-partner. You do not have to pay more than the determined needs of your child or your financial capacity.

Your child's needs are the amount needed to cover the costs associated with the standard of living your child enjoyed while you and your ex-partner were still in a relationship. This is determined based on your and your ex-partner's net disposable household income during the last period that you both formed a family together with your child. The idea behind this is that your child is accustomed to that level of wealth. In principle, your child should be able to continue living at the same financial level after the relationship ends. This means that the higher the family income, the higher your child's needs will be.

In addition to the level of net family income during the relationship, the age of the child and the number of children per family are also important.

The level of your child's needs is calculated using standard tables (the table amounts include all normal costs such as food and clothing), but also depends on your family situation and individual circumstances.

Once your child's needs have been properly calculated at the end of the relationship and the correct data has been used, it is not easy to increase the established needs.

In some cases, the needs of your child can be recalculated if you or your ex-partner has started earning considerably more. This also applies if the costs of your child have increased due to special circumstances and these costs cannot be compensated by a reduction in another cost item.

Significant increase in the income of one of the parents

If the income of one of the parents after the divorce has increased to such an extent that it is higher than the joint family income at the time the relationship ended (on which the need is calculated), the need of your child can be reassessed. It must be a structural increase. The idea behind this is that if you and your ex-partner's relationship had continued, part of the increase in income would have been spent on your child. Your child would have benefited from this.

The need is then reassessed taking into account the new income of the parent who has started earning more. Your child's needs will therefore increase, which means that you and your ex-partner will have to contribute more together. This may also affect the distribution of financial resources between the parents, as the parent who has started earning more can also contribute more to the child's needs.

Costs that increase needs

Certain additional costs for your child may be so exceptional that they are not included in the standard tables for the costs of children. There may be needs-increasing costs that justify recalculating your child's needs.

These should not be costs that can be compensated by other expenses. For example, if your child participates in a sport that costs more than average, these costs may be compensated by lower expenses for clothing.

The costs must be so high (in relation to the established need and the financial means of the parents) or special that they do not fall within the standard tables for the costs of children. Examples include the costs of an expensive or professional sport, the costs for a disabled child, high costs for private lessons or school or childcare.

Some examples from case law in which the judge has labelled the costs as need-increasing are:

• A child diagnosed with a form of autism and therefore incurring costs for sports and play therapy. These were costs that could not be paid from the personal budget received (ECLI:NL:GHAMS:2016:2922).
• A child who has dyslexia and goes to a school that provides him with support. The travel costs to this school are understandable and necessary according to the judge. The extra support for the dyslexia also increases the need, as the mother has demonstrated that without this support, the child's school performance would suffer (ECLI:NL:GHAMS:2022:2119).

• The child is visually impaired, requiring new glasses every year. These costs are not covered by health insurance. The judge ruled that the purchase of glasses does not normally increase need, but in this case an exception is made because the child has strabismus. The judge also ruled in this verdict that the costs of Polish speech therapy are also need-enhancing, as the child has Polish nationality, has a language delay and both parents communicate with the child in Polish. This also applies to the above-average healthcare costs given the child's medical and psychological situation. These costs are also not reimbursed by health insurance (ECLI:NL:GHAMS:2025:302).
• A child who plays the violin at a high level. She spends about 25 hours a week on study, lessons, rehearsals and performances (ECLI:NL:GHAMS:2016:1843).
• Both parents support the child in practising equestrian sports at a competitive level. In this case, it is judged that the costs arising from competition fees/membership do not increase the need. This does not apply to the stabling costs. The father must pay the costs associated with the veterinarian/dentist, as he is the horse's owner (ECLI:NL:RBNHO:2016:4066).

• The costs of after-school care, as these costs have been incurred because the mother is single and these costs are necessary for her to earn an income (ECLI:NL:GHSHE:2016:410).
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Whether the judge will increase your child's needs depends on the facts and circumstances. This is also evident from the following ruling. The child's needs are calculated based on the parents' net family income at the time of the separation. Five years after the divorce, the mother has chosen to let the child participate in a sport that costs above average. The mother and her new husband have made this choice based on their net disposable income. If the parents had not divorced, the child would not have been able to participate in sports at this level. These costs do not increase the need (ECLI:NL:RBLIM:2018:10916).

If the costs arose after the divorce, the need is calculated on the basis of the net disposable family income, including special costs.

Conclusion

Judges are reluctant to increase a child's needs. How a judge rules depends on all the circumstances of the case. It is therefore important to consult a specialised lawyer to determine whether the facts and circumstances justify submitting such a request to the judge. It is also important to consult a specialised lawyer if you and your partner decide to end your relationship, so that child support and spousal support can be calculated correctly.

At SPEE advocaten & mediation, we have many years of experience in family law. Feel free to contact us for expert advice! Contact page SPEE advocaten & mediation.