Failing to meet maintenance obligations can have serious consequences. The maintenance recipient can enforce payment through various legal steps, leading to significant additional costs for the non-paying party.
Legal measures in case of non-payment
| Measure | Description |
|---|---|
| Wage garnishment | The employer deducts maintenance and associated costs from the salary |
| Bank attachment | Money in the account is transferred to the recipient |
| Benefit attachment | UWV or municipality withholds amounts from benefits |
| Asset attachment | Valuable possessions such as cars can be sold |
| Property attachment | Possible in case of high arrears |
| Imprisonment | Detention for up to one year as a last resort |
Seizure of driving license
Since 2020, in cases of persistent non-payment of child maintenance, the driving license can be seized. The LBIO can execute this after permission from the court.
Additional financial burdens
Not paying maintenance incurs additional costs:
- Costs for the bailiff (service and writ)
- Costs for levy of attachment
- Statutory interest on outstanding amounts
- Collection costs via the LBIO
These costs can amount to 15-25% of the arrears.
Prescription period
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.
Imprisonment by imprisonment order
In extreme cases, a judge can impose an imprisonment order, meaning the non-paying party can be detained for up to one year until the maintenance is paid. This only happens if:
- No other enforcement measure has any effect
- The payer is able but refuses to pay
Can I stop paying if my ex blocks contact with the children?
No, maintenance and contact arrangements are legally separate matters. Even in case of problems with contact, you must continue paying. You can initiate a separate case regarding the contact arrangement.What to do if I cannot pay the maintenance?
If your situation has changed and payment is impossible, contact your ex-partner immediately for a new arrangement. If this fails, request the court for reduction or nil assessment. Do not stop paying unilaterally, as this can lead to legal consequences.Do I risk imprisonment for maintenance debt?
Imprisonment is rarely applied and only if the court determines that you can pay but refuse to do so. In cases of genuine inability to pay, this measure is not imposed.Frequently asked questions about maintenance in Leiden
What are the risks if I do not pay maintenance?
In case of non-payment, the recipient can take legal steps such as attachment on salary, bank account, or assets. Your driving license may also be seized or, in exceptional cases, imprisonment may be applied. In addition, costs such as bailiff fees and interest are incurred, which can amount to up to 25% of the debt.
How quickly can attachment be placed on my income?
This depends on the procedure. After engaging a bailiff, attachment can be placed within a few weeks. You first receive a demand and opportunity to pay. A quick arrangement can prevent this.
Can I lose my driving license due to maintenance arrears?
Yes, since 2020, the LBIO can seize your driving license in case of persistent non-payment of child maintenance, after court approval. You are first warned and given the chance to pay.
What if I really have no money for maintenance?
Contact your ex-partner as soon as possible for a temporary solution. If this fails, ask the court for adjustment or nil assessment of the maintenance. Do not wait, as arrears accumulate and lead to additional costs.
Does a maintenance debt prescribe after some time?
Yes, after 5 years, maintenance claims prescribe, unless the prescription has been interrupted, for example by a demand. Act timely in case of payment problems to avoid further issues.
Can I be imprisoned for non-payment of maintenance?
Imprisonment via imprisonment order is an exceptional measure and is only applied if you deliberately refuse to pay while you are able to do so. In cases of genuine inability to pay, this does not happen.
Relevant institutions in Leiden:
- District Court of The Hague, Leiden Location: For legal proceedings regarding maintenance.
- Legal Aid Office Leiden, Stationsweg 46: For free legal advice on maintenance issues.