The child account: a good solution or source of controversy?

10-02-2023

A child account is a bank account that both parents can access after divorce. Both parents feed the account and both parents can make payments from the account. A child account is often on the table when parents have/agree on a co-parenting arrangement or an almost 50-50 division of child care.

The basic premise of the law is that one parent pays child support to the other parent. A child support account is not mandatory and it cannot be enforced in court.

Often, residency expenses are paid from the child account. Subsistence expenses are expenses such as clothing and sports club dues. Of the child's expenses, 30% is assumed to be spent on residence expenses. The rest is assumed to be spent on subsistence expenses with each parent. It is often agreed that 30% of the child's expenses, therefore the subsistence expenses, and the child allowance paid by the government (kinderbijslag) are paid into the child's account. Some parents also agree that the child-related budget (kindgebonden budget) is paid into the child account.

It is obvious that good agreements must be made about the withdrawals from the children's account and also about what may be purchased for the children from the money in the children's account. Therefore, it is important that the parents have good communication and can reasonably get along if they agree to work with a child account. After all, unforeseen costs will present themselves and further consultation will be necessary. But of course it is also possible that further consultation will be necessary if there are expenses incurred by one parent that the other parent finds unclear or unnecessary. Is it necessary for a child to have two winter coats? Are brand name clothes purchased or is clothing from the Hema good enough? Parents may have different opinions on this.

The advantage of a children's account is that both parents have insight and control over the children's expenses. However, it is not possible to involve the Landelijk Bureau Inning Onderhoudsbijdragen (LBIO) if one of the parents refuses to pay his or her part. If the financial agreements are laid down in a parenting plan, however, it is possible to enforce the agreements in court.

Do you have questions about the child account? Are you in doubt whether to open a child account or request child support? You can contact Y.M. Bérénos or at 071 515 58 43. She will be happy to discuss the possibilities with you.