Failure to meet maintenance obligations can have serious consequences. The maintenance recipient can take legal steps to enforce payment, leading to significant additional costs for the non-paying party.
Legal Measures for Non-Payment
| Measure | Description |
|---|---|
| Wage Garnishment | The employer withholds maintenance and associated costs from the salary |
| Bank Account Garnishment | Money in accounts can be transferred |
| Garnishment on Benefits | UWV or municipality deducts amounts |
| Garnishment on Assets | Valuable goods or vehicles can be sold |
| Garnishment on Real Estate | Possible in case of long-term arrears |
| Imprisonment | Detention as a last resort, maximum 1 year |
Driver's License Suspension for Default
Since 2020, persistent non-payment of child maintenance can result in the revocation of the driver's license. The LBIO can impose this sanction after court approval.
Additional Costs
Not paying maintenance incurs additional costs:
- Costs for the bailiff (service and writ)
- Costs for levy of execution
- Statutory interest on outstanding amounts
- Collection costs via LBIO
These costs can amount to 15-25% of the arrears.
Prescription of Maintenance Claims
Claims for maintenance prescribe after 5 years. This means that arrears older than 5 years can no longer be claimed, unless the prescription has been interrupted, for example by a demand letter.
Imprisonment as a Last Resort
In extreme cases, the court may impose imprisonment, which means the defaulter can be detained for up to 1 year until the maintenance is paid. This only happens if:
- No other measure has been effective
- The payer is able to pay but refuses to do so
May I stop paying if my ex blocks contact?
No, maintenance and contact arrangements are legally separate. Even if your ex hinders contact with your children, you are still obligated to pay maintenance. You can initiate a separate case regarding the contact arrangement.What to do if I cannot pay financially?
If your situation has changed and payment is impossible, contact your ex-partner immediately for a new arrangement. If this fails, request the court to reduce or set the maintenance to nil. Do not stop paying abruptly, as this leads to problems.Am I at risk of imprisonment for maintenance debt?
Imprisonment is only applied in exceptional cases. The court must establish that you are able to pay but deliberately do not. In cases of genuine inability to pay, this measure is not used.Frequently Asked Questions about Maintenance in Rijswijk
What are the consequences of not paying maintenance?
In case of non-payment, the recipient can take legal steps, such as wage garnishment, garnishment on bank accounts or assets. Your driver's license may also be revoked or, in rare cases, imprisonment may be imposed. In addition, costs are incurred, such as bailiff fees and interest, which can amount to up to 25% of the arrears.
How quickly is garnishment imposed on my income?
This depends on the procedure. After engaging a bailiff, garnishment can be imposed within a few weeks. You first receive a warning and an opportunity to pay. A quick arrangement can prevent garnishment.
Can I lose my driver's license due to maintenance arrears?
Yes, since 2020, the LBIO can seize your driver's license for persistent non-payment of child maintenance, after court approval. You first receive a warning and the opportunity to pay.
What if I really cannot pay the maintenance?
Contact your ex as soon as possible for a temporary solution. If this does not work, ask the court to adjust or terminate the maintenance. Do not wait, as arrears accumulate and lead to additional costs.
Does a maintenance debt prescribe over time?
Yes, after 5 years, maintenance claims prescribe, unless the prescription has been interrupted by, for example, a legal action. Take timely action in case of payment problems to avoid further complications.
Is imprisonment possible for non-payment?
Imprisonment (imprisonment order) is an exceptional measure and is only applied if you deliberately refuse to pay while you are able to. In cases of genuine payment problems, it is not imposed.
Relevant Authorities in Rijswijk:
- Court: District Court of The Hague (district)
- Legal Aid Office: Juridisch Loket Rijswijk