Do you receive a social assistance benefit in Rijswijk? Then maintenance impacts your benefit. The municipality can also recover maintenance from your ex-partner.
Effect on your social assistance benefit
In Rijswijk, maintenance is considered as income and offset against your social assistance benefit:
- Spousal maintenance is fully deducted from your benefit
- Child maintenance is also offset
- Your net income ultimately remains the same
Recovery by Municipality of Rijswijk
If you receive social assistance and your ex-partner does not pay or pays insufficient maintenance, the Municipality of Rijswijk can recover the social assistance costs from your ex-partner. This process is called 'recovery of social assistance'.
| Situation | Action by the municipality |
|---|---|
| No maintenance established | Municipality determines an amount and recovers it |
| Maintenance agreed but not paid | Municipality collects it for you or initiates a recovery procedure |
| Ex-partner refuses payment | Municipality can involve the LBIO |
Recovery Contribution in Rijswijk
The Municipality of Rijswijk calculates a recovery contribution based on the financial capacity of your ex-partner. This amount may differ from what a court would impose as maintenance.
Your Cooperation Obligation
As a recipient of social assistance in Rijswijk, you are obliged to cooperate:
- Provide the municipality with all information about your ex-partner
- Cooperate in establishing paternity (if relevant)
- Assist in submitting maintenance requests
In case of failure to cooperate, the municipality may reduce your benefit.
When no recovery action?
The Municipality of Rijswijk refrains from recovery in the following cases:
- Your ex-partner has insufficient financial capacity
- Recovery would seriously harm the relationship with your children
- The costs of recovery exceed the proceeds
Do I need to arrange maintenance myself if I receive social assistance in Rijswijk?
Usually, the Municipality of Rijswijk takes this over. However, you must share information about your ex-partner and cooperate. The municipality determines whether recovery is worthwhile.What if my ex pays maintenance while I receive social assistance?
The maintenance is fully deducted from your social assistance benefit. Your total income remains the same, as the maintenance replaces part of the social assistance.Can I object to a recovery decision?
If your ex-partner disagrees with the recovery contribution, he/she can object to the Municipality of Rijswijk. As a social assistance recipient, you can also object if the recovery has negative consequences for you or your children.Frequently Asked Questions about Maintenance and Social Assistance in Rijswijk
How is maintenance offset against my social assistance in Rijswijk?
Both spousal and child maintenance is fully deducted from your social assistance benefit. Your benefit is therefore reduced by the amount of maintenance received. Your net income remains the same. The municipality considers maintenance as income and adjusts your benefit accordingly.
What to do if my ex-partner does not pay maintenance?
The Municipality of Rijswijk can recover the maintenance from your ex-partner for you. You must cooperate by providing relevant information. The municipality can determine an amount or involve the LBIO in case of payment refusal.
How does the municipality determine the recovery contribution?
The Municipality of Rijswijk looks at the capacity of your ex-partner, such as income and expenses. This amount may differ from a court judgment. Your ex-partner can object to the determination.
What if I do not comply with the cooperation obligation?
If you do not provide information about your ex-partner or do not cooperate, the Municipality of Rijswijk may reduce or terminate your social assistance benefit. Cooperation is mandatory.
Can the municipality refrain from recovery?
Yes, the Municipality of Rijswijk can refrain from recovery if the ex-partner's capacity is too low, if it harms contact with children, or if the costs are too high relative to the benefits.
What is the difference between maintenance and recovery contribution?
Maintenance is the amount that your ex-partner must pay according to agreement or court order. The recovery contribution is the amount that the Municipality of Rijswijk determines based on capacity.