Do you receive a social assistance benefit in Leiden? Then maintenance has an impact on your benefit. The Municipality of Leiden can also recover maintenance from your ex-partner.
Effect on your social assistance benefit
Maintenance counts as income and is deducted from your social assistance:
- Spousal maintenance is fully deducted from your benefit
- Child maintenance is also offset
- Your net income remains the same
Recovery by the Municipality of Leiden
If you receive social assistance and your ex-partner does not pay or pays insufficient maintenance, the Municipality of Leiden can recover the costs from your ex. This process is called 'social assistance recovery'.
| Situation | Action by Municipality of Leiden |
|---|---|
| No maintenance established | Municipality determines an amount and recovers it |
| Maintenance agreed but not paid | Municipality collects on your behalf or recovers directly |
| Ex-partner refuses payment | Municipality can involve the LBIO |
Calculation of recovery contribution
The Municipality of Leiden sets a recovery contribution based on the financial capacity of your ex-partner. This amount may differ from maintenance determined by the court.
Mandatory cooperation
As a recipient of social assistance in Leiden, you are obliged to cooperate:
- Provide information about your ex-partner to the municipality
- Cooperate in paternity establishment (if applicable)
- Support maintenance applications
In case of failure to cooperate, the municipality may reduce your benefit.
When no recovery?
The Municipality of Leiden refrains from recovery in situations such as:
- Ex-partner has insufficient financial means
- Recovery seriously harms the relationship with the children
- Costs of recovery exceed the proceeds
Do I need to arrange maintenance myself if I receive social assistance in Leiden?
The Municipality of Leiden often takes over this task. You must cooperate by providing data about your ex-partner. The municipality determines whether recovery is feasible.What if my ex pays maintenance while I receive social assistance?
The maintenance is fully deducted from your social assistance. Your total income remains the same, as maintenance replaces part of the benefit.Can I object to the recovery?
If your ex-partner disagrees with the recovery contribution, he/she can lodge an objection with the Municipality of Leiden. 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 Leiden
How is maintenance offset against my social assistance?
Both spousal and child maintenance is fully deducted from your social assistance benefit. Your benefit is reduced by the amount received, so your total income remains the same. This also applies if payments are made directly to your children.
What to do if my ex-partner does not pay maintenance?
The Municipality of Leiden can recover the maintenance on your behalf. You must share data about your ex-partner. If no maintenance has been established, the municipality determines an amount. In case of refusal, the LBIO can be involved.
How does the municipality determine the recovery contribution?
The Municipality of Leiden looks at the income, assets and expenses of your ex-partner. The set amount may differ from a court ruling. Your ex-partner can object to this amount.
What if I do not comply with the obligations?
If you fail to meet your duty to cooperate, for example by withholding information, the Municipality of Leiden may reduce or terminate your social assistance. Cooperation is a condition.
Can the municipality refrain from recovery?
Yes, if your ex-partner lacks sufficient capacity, if recovery harms the bond with the children, or if the costs are too high, the Municipality of Leiden may refrain from recovery. This is assessed on a case-by-case basis.
What is the difference between maintenance and recovery contribution?
Maintenance is an agreed or court-determined amount that your ex-partner pays. Recovery contribution is the amount that the Municipality of Leiden sets independently for recovery based on capacity.
Contact and support in Leiden
For legal questions, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. For matters regarding maintenance and social assistance, you can contact the Municipality of Leiden. In addition, the District Court of The Hague, Leiden location, handles relevant cases.