What is capacity for maintenance?
Your capacity is the part of your income available for paying maintenance. The Trema guidelines prescribe how it is calculated: based on net disposable income (NBI) minus a housing budget and a basic living allowance (Dutch: draagkrachtloos inkomen), a fixed amount for essential living costs.
Capacity is the maximum you pay — even if the child's need is higher. You can never be obliged to pay more than your capacity allows.
How does the capacity calculation work?
The calculation proceeds in four steps:
- Calculate NBI — gross income minus tax and premiums, plus tax credits and benefits.
- Determine the housing budget and the basic living allowance — the housing budget is a fixed amount of 30% of NBI; the basic living allowance is € 1,365 a month in 2026 and covers health insurance, the excess and other fixed costs.
- Available margin — NBI minus the housing budget and the basic living allowance.
- Available for maintenance — 70% of the space (child maintenance) or 60% (spousal maintenance).
| Net disposable income (NBI) | € 3,051 / month |
| Housing budget (30% of NBI, fixed amount) | – € 915 / month |
| Basic living allowance (fixed necessary costs 2026) | – € 1,365 / month |
| Available margin | € 771 / month |
| Available for child maintenance (70%) | € 539 / month |
Illustrative, calculated with the Alimentatie Inzicht engine. Actual housing costs count only in exceptional cases; the actual outcome depends on your exact income, tax credits and personal situation.
Basic living allowance: what counts?
Two fixed amounts are deducted from NBI before capacity is determined:
- Housing budget — a fixed amount of 30% of NBI, regardless of your actual rent or mortgage. Only in exceptional cases does the court use the actual housing costs. More on the family home and maintenance.
- Basic living allowance — € 1,365 a month in 2026: the fixed amount everyone needs for health insurance, the excess and other necessary costs.
- Fixed table amount at a low NBI — between an NBI of € 1,950 and € 2,200 a fixed table amount applies (€ 50 to € 116 a month) instead of the formula; at an NBI (plus child-related budget) of € 1,950 or less a minimum capacity of € 25 for one child and € 50 for two or more children applies; only the caring parent on social assistance has no capacity.
- Of what remains (the available margin), 70% is available for child maintenance and 60% for spousal maintenance.
Debts and other obligations may also count in exceptional cases, but that is assessed case by case by the court or mediator.
Capacity for spousal maintenance
For spousal maintenance, the calculation differs slightly: capacity is 60% of the available margin (NBI minus the housing budget and the basic living allowance), instead of 70% for child maintenance. The paying party always keeps enough to live on.
Capacity with co-parenting
With co-parenting (co-ouderschap), the capacity of both parents is calculated and the child's needs are split in proportion. The contributing parent receives the 35% care discount; there is no separate calculation.
Frequently asked questions
What is capacity for maintenance?
Capacity is the share of NBI available for maintenance. After deducting the housing budget (30% of NBI) and the basic living allowance (€ 1,365 in 2026), 70% of the remaining margin is available for child maintenance.
What counts as the basic living allowance?
A fixed amount of € 1,365 a month (2026) for health insurance, the excess and other necessary costs, under the Dutch Trema guidelines. Housing costs are not included: a separate fixed housing budget of 30% of NBI applies.
What if capacity falls short?
If capacity is insufficient to cover the full need, maintenance is set in proportion to capacity. You can never be required to pay more than your capacity allows.
How does capacity work for spousal maintenance?
For spousal maintenance, 60% of the available margin is available (70% for child maintenance). The paying party always keeps enough to live on.