BELGIUM Law and Practice Contributed by: Larissa De Wulf, Carolyn Vanthienen and Alexandra Goossens, Tiberghien
Possible reasons to deviate from the evenly divided residence of the child are:
It also requires the court to include these eight parameters in its judgment and to clarify how it has taken them into account. These parameters include: • the nature and amount of the resources of each of the parents; • the ordinary costs that make up the child’s budget as well as the way they are budgeted; • the nature of the extraordinary costs to be taken into account, the portion of these costs to be borne by each of the parents, as well as the modalities for the use of these costs; • the child’s residence arrangement and the contribution in kind of each of the parents to the child’s maintenance as a result of this residence arrangement; • the income, if any, received by each of the parents from the enjoyment of the child’s property; • the share of each of the parents in bearing the costs arising from Article 203, Section 1 of the Civil Code and any maintenance contribu - tion set thereon, as well as the modalities for its adjustment pursuant to Article 203 quater of the Civil Code; and • the special circumstances of the case taken into account. Courts are increasingly using calculation tools to help them determine the cost of children and the amount of maintenance due. However, they are not obliged to use these tools, nor are they bound by their results. Payment of child maintenance can always be adapted according to the child’s needs. One of the parents can file an application to change child maintenance payments determined in a previous judgment when there are new circum - stances. It is important to note that the changes must be independent from the will of the parents.
• considerable geographical distance; • unavailability of one of the parents; • manifest indifference; • the young age of the child; and • keeping siblings together. Child Maintenance
The general rule when it comes to child mainte - nance is that all parents must provide housing, maintenance, health, supervision, education, training and development for their children in proportion to their means. This obligation lasts throughout the child’s minority. However, if the child has not completed their education by the time they reach the age of majority (18 years old), the obligation continues until their education is completed. The means of the parents include all profession - al, personal and fixed property income of the parents, as well as all benefits and other resourc - es ensuring their standard of living and that of the children. And each parent must contribute to the costs of the children in proportion to the par - ent’s respective share of aggregate resources. A child has the right to share their parents’ standard of living. If one of the parents does not fulfil their obligation to provide for their child or children, the other parent can claim child main - tenance payments to cover these costs, which include ordinary costs as well as extraordinary costs. A minor (ie, a child younger than 18) can - not apply for maintenance from their parents. Parameters defined by law The Belgian legislature has imposed eight well- defined parameters to be taken into account by the court when deciding on maintenance.
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