How is child support calculated in Belgium?

Did you know that in the same family situation, the amount of alimony can vary by several hundred euros depending on the court seized? This surprising reality affects many Belgian parents faced with separation. Faced with the absence of a single calculation method and the significant disparities between jurisdictions, understanding the criteria and scales applied becomes essential to defend your interests. With his experience since 2005, Master Innocent TWAGIRAMUNGU,family law lawyer in Brussels, guides you through the twists and turns of calculating child support.

• Unpaid food contributions can be recovered via SECAL(Maintenance Claims Service), which advances up to 175 euros per month per child after only 2 monthly unpaid payments
• 80% of the amount of alimony paid is tax deductible, which represents a substantial tax advantage for the debtor parent and must be taken into account in negotiations
• Article 1321 of the Judicial Code requires the judge to justify his decision according to 7 specific criteria, necessarily including the method of evaluating the child’s budget and the particular circumstances of the family
• The limitation period for claiming alimony arrears is limited to 5 years, requiring rapid action in the event of successive unpaid debts

The troubling absence of a single official method for calculating alimony

Contrary to what many imagine, Belgium does not have an official formula for calculating food contributions.Each judge freely chooses his method, thus creating significant variations depending on the court. This judicial freedom, although framed by article 1321 of the Judicial Code which requires detailed reasoning, generates sometimes dizzying differences.

The amounts can therefore vary fromseveral hundred eurosfor similar situations. A separated parent could be asked for 400 euros in Brussels and 700 euros in Liège for the same child and the same income. This uncertainty considerably complicates the preparation of files and the anticipation of legal decisions.

However, certain safeguards exist. The law sets alegal ceiling: the pension cannot exceed one third of the debtor parent’s income. Furthermore, recent studies estimate the average monthly cost of a child between426 euros and 807 eurosaccording to age and family income (more precisely 426.43 euros for 0-5 year olds, 551.15 euros for 6-11 year olds, and up to 807.43 euros for an average family income of 3,908.17 euros). These amounts constitute useful references for assessing the relevance of a request.

Please note:In the event of unpaid alimony, the Maintenance Claims Service (SECAL) can intervene for creditors domiciled in Belgium. After just 2 unpaid monthly payments, this public service can advance up to 175 euros per month per child. However, the recovery rate remains low with only 29.25% of debts actually recovered from defaulting debtors.

The calculation methods favored by the Belgian courts

An arsenal of methods available for calculating alimony

Several tools coexist in the Belgian judicial landscape. ThereFox method, developed by a sociologist, remains widely used. It applies coefficients varying from 0.1371 (for a child aged 0) to 0.2695 (for a child aged 18), multiplied by the parents’ income. Simple to use, it however has the disadvantage of not always reflecting the reality of current costs.

ThereHobin method, also called the Antwerp method, has been gaining popularity since it was put online free of charge in 2020 on the website of the College of Courts and Tribunals. Its formula integrates the actual cost of the child, family allowances and the contribution in kind from each parent depending on the length of accommodation. More complex but more precise, it follows the following formula: “Contribution = ((Child cost – family allowances) × proportion of debtor parent resources) – (proportion of debtor parent nature contribution)”. It attracts many magistrates with its precision.

Severalpaid softwarealso offer their calculations: PCA-VOB from Larcier (275 euros per year), Contriweb from Gezinsbond (30 euros) or even the Pareto simulator. Each applies its own logic and parameters, contributing to the diversity of possible outcomes. It is important to note that the PCA smoothing threshold has been lowered from 4,000 euros to 3,000 euros since May 2022.

The evaluation criteria imposed on the magistrate

Article 1321 of the Judicial Code requires the judge to justify his decision by examining seven specific objective criteria. He must analyze thenature and amount of facultiesof each parent, that is to say all of their resources and expenses. The accommodation arrangements directly influence the calculation, since they determine the in-kind contribution of each parent.

The magistrate also assesses thebudget necessary for the childby necessarily detailing the evaluation method used, distinguishing ordinary costs (daily needs) from extraordinary costs (exceptional expenses). Family allowances, social and tax benefits received by each parent enter into the equation. Finally, theparticular circumstances of the casemust be explicitly mentioned to justify any adjustment to the final amount.

Practical example:In a recent case in Brussels, a computer scientist father with a net salary of 3,200 euros and a teacher mother receiving 2,400 euros separated. Their 8-year-old daughter lives mainly with the mother (5 days a week). The court applied the Hobin method: estimated cost of the child of 550 euros, less 170 euros of family allowances, multiplied by the proportion of the father’s resources (57%), less his contribution in kind (28%), resulting in a pension of 165 euros per month. The judge detailed each step of the calculation in his decision, in accordance with article 1321.

The determining elements of the calculation of alimony

Income and expenses: the essential inventory of parental resources

The alimony calculation begins with an exhaustive census of income. THEnet professional incomeconstitute the basis: salaries, end-of-year bonuses, vacation pay. Please note, certain benefits in kind are added: a company car represents around 350 euros per month, a fuel card 100 euros, meal vouchers also 100 euros flat rate.

THEreal estate and movable incomeAlso taken into account: rent received, dividends, investment interest. Social benefits such as unemployment benefits or mutual insurance benefits complete the picture. However, the law preserves aminimum subsistence level of 565 eurosto the debtor parent (reference amount taken from the French indicative scale commonly used in Belgium), guaranteeing their subsistence.

Legitimate charges are deducted: rent or mortgage loan for the main residence, irreducible charges, alimony already paid. This detailed analysis makes it possible to establish the real contributory capacity of each parent.

Tax advice:The debtor parent benefits from a significant tax advantage: 80% of the amount of alimony paid is deductible from their taxable income. This tax deduction can represent several hundred euros in tax savings per year. It therefore makes sense to take this into account during negotiations, as this advantage significantly reduces the real cost of the pension for the debtor.

The major impact of the mode of accommodation on the amount

The time spent with the child significantly influences the calculation. Inequal joint custody, the percentages applied remain moderate: around 10% of income for one child, 18% for two, 25% for three. This moderation is explained by the significant contribution in kind from each parent who directly assumes half of the daily costs.

Inclassic guard, where the child resides mainly with one parent with traditional visiting rights for the other, the percentages almost double: 18% for one child, 31% for two, 40% for three children. This increase compensates for the heavier financial burden of the primary custodial parent.

Intermediate situations require proportional adjustments. Accommodation of one third of the time with one parent and two thirds with the other will give rise to an intermediate calculation, taking into account theactual in-kind contributionof each.

The crucial distinction between ordinary and extraordinary costs

THEordinary costscover daily needs: food, usual clothing, hygiene, current school fees, regular leisure activities. They are included in the monthly child support and vary depending on the age of the child.

The Royal Decree of April 22, 2019 precisely defines theextraordinary expenseswhich necessarily require prior agreement between parents on their appropriateness and amount:

• Specialized medical expenses: orthodontics, glasses, speech therapy, physiotherapy
• Exceptional school fees: school trips, uniform, specific equipment
• Development costs: sporting or cultural activities, camps, internships
• Higher education costs: university registration, student accommodation, computer required

These extraordinary costs requireprior consultationbetween parents on their opportunity and amount. They are generally shared in half or according to a proportion defined in the judgment. Some parents opt for a joint account dedicated to these expenses, thus facilitating management and avoiding recurring conflicts.

Automatic indexation and changes in alimony

Since August 1, 2010, all food contributions have been adaptedautomaticallyto fluctuations in the consumer price index. This automatic indexation applies annually on the anniversary date of the judgment, without requiring new legal proceedings.

The precise legal formula remains simple: “(basic amount × index of the month preceding the judgment) ÷ base index of the month of judgment”. The indices can be viewed free of charge on the Statbel website. If the debtor parent forgets to apply the indexation, asingle letteris enough to claim it, within the limit of five years of arrears (legal limitation period for maintenance claims). After 2 consecutive months of unpaid debt, the creditor can also request a delegation of sums directly from the debtor’s employer.

Beyond automatic indexing,judicial reviewremains possible in the event of a significant change in situation: loss of job, new marriage, birth of other children, changing needs of the child. This flexibility makes it possible to adapt the pension to the changing realities of families.

Please note:The five-year limitation period also applies to requests for retroactive review. If you notice that your financial situation has changed significantly, don’t wait to act. Each month that passes reduces your possibilities of recovering amounts overpaid or catching up on insufficient amounts. Prompt action protects your financial rights and those of your children.

Faced with the complexity of calculating alimony and the significant financial issues, the support of a legal professional is invaluable. Maître Innocent TWAGIRAMUNGU has been putting his expertise at the service of Brussels families for almost two decades. His office offers an approach that is both rigorous and human, particularly appreciated in these delicate moments of family life. Whether you are a guardian parent or a debtor, do not hesitate to seek their advice to best defend your interests and those of your children in the Brussels region.