Setting to nil means that the maintenance obligation is set at € 0. This can be a temporary or permanent measure, depending on the financial situation of the paying party.
When is setting to nil possible?
Setting to nil can be requested if the maintenance obligor is unable to pay maintenance due to limited capacity to pay. Possible causes include, among others:
- Long-term unemployment without benefits
- An income at social assistance level
- Disability with a minimal benefit
- Serious financial debts
- Imprisonment
Temporary or permanent?
| Type | Description |
|---|---|
| Temporary setting to nil | It is expected that the financial situation will improve; after a certain period, the situation is reviewed again. |
| Permanent setting to nil | No prospect of improvement in capacity to pay in the long term. |
How to apply for setting to nil?
To apply for setting to nil in Rijswijk, you must follow the following steps:
- First try to reach agreement with your ex-partner.
- If this fails, you must submit a request via a lawyer to the District Court of The Hague.
- Demonstrate that you are financially unable to pay.
- Submit relevant documents, such as payslips, benefit details or tax returns.
Obligation to make efforts
The court expects you to actively make efforts to generate income. Setting to nil will not be granted if:
- You make insufficient effort to find work.
- You have deliberately reduced your working hours.
- You have intentionally lowered your income.
- There is demonstrable earning capacity.
What does setting to nil mean for you?
If setting to nil is granted:
- You do not have to pay maintenance temporarily.
- No payment arrears arise during the nil period.
- If your situation changes, maintenance can be reassessed.
Does my debt accumulate during setting to nil?
No, during the period of setting to nil, your obligation is set to zero, so no arrears arise. However, if your situation improves, the recipient can request maintenance again.Is setting to nil possible with retroactive effect?
Yes, the court can decide that setting to nil applies retroactively, for example from the moment of unemployment. This is assessed on a case-by-case basis for reasonableness.What if I am in a debt restructuring process?
During a WSNP process (debt restructuring), there is often no room for maintenance payments. The District Court of The Hague can set the maintenance to nil for the duration of this process.Frequently asked questions about setting to nil in Rijswijk
How do I apply for setting to nil at the District Court of The Hague?
Start with a discussion with your ex-partner. If that doesn't work, engage a lawyer for a petition to the court. Prove your lack of capacity to pay with financial documents. The court will check if you meet the conditions.
What if I quit my job myself and want setting to nil?
If you voluntarily stop working or reduce your income, the court will usually reject setting to nil. You must demonstrate that you have done everything to obtain income.
Can my ex later demand maintenance again?
Yes, if the financial situation improves, your ex-partner can submit a new request. The court will then reassess your capacity to pay.
How long does setting to nil apply?
This varies per situation. Temporary setting to nil often has an evaluation moment, for example after 1 or 2 years. For permanent setting to nil, no improvement is expected, but this can be reviewed later.
What if I am in debt restructuring?
During a WSNP process, you often cannot pay maintenance. Via a lawyer, you can apply for setting to nil for this period. Consult your situation with the Juridisch Loket Rijswijk for advice.
Does setting to nil also apply to child maintenance?
Yes, it can apply to both spousal and child maintenance, but the rules for child maintenance are stricter. The court prioritises the child's best interests.