Effort Obligation in Maintenance in Leiden
For residents of Leiden, the effort obligation in maintenance means that both the paying and receiving parties must take reasonable steps to support themselves. This prevents someone from deliberately remaining unemployed to avoid or increase maintenance payments. In family law matters in Leiden, this is crucial for a fair assessment of capacity to pay at the District Court of Leiden.
What does the effort obligation entail for Leiden residents?
This obligation to make efforts stems from the principle of self-sufficiency. In maintenance cases in Leiden, it requires parties to seek employment, pursue further training, or reintegrate if they cannot fully meet their own needs. The maintenance payer must generate income, while the recipient must minimize dependency—particularly relevant in a city like Leiden with its academic job market.
This plays a major role in both spousal and child maintenance. Failure to make efforts may lead the District Court of Leiden to adjust the maintenance, for example, to nil.
Legal Basis
The foundation lies in Civil Code Book 1:
- Art. 1:404(2) CC: The maintenance payer is given the opportunity to provide for their own support, if reasonable.
- Art. 1:407 CC: Parents contribute to child costs according to their capacity to pay, with an obligation to make efforts to increase it.
- Art. 1:392 CC: General duty to make reasonable efforts for self-support.
The Supreme Court clarified this in cases such as HR 22 April 2016, ECLI:NL:HR:2016:845 (Visser ruling), which requires seeking suitable employment. For child maintenance, it also applies to custodial parents (HR 13 December 2019, ECLI:NL:HR:2019:1900).
When is effort required in Leiden?
The District Court of Leiden considers factors such as age, education, health, local job market, and childcare responsibilities. Efforts need not be excessive.
| Situation | Effort Obligation | Leiden Example |
|---|---|---|
| Maintenance Payer | Job applications, retraining | 45-year-old with HBO degree unemployed for 2 years without applications in Leiden. |
| Maintenance Recipient | Seek own income | Ex-partner with part-time job who could go full-time at Leiden University. |
| With young children | Limited by care duties | Single parent with child under 3: no pressure for full-time work. |
Case Law Examples from Leiden and Surroundings
Example 1: Nil due to lack of effort. Mr. Jansen (50) pays spousal maintenance but does not apply for jobs in Leiden and ignores the UWV. In 2023, the District Court of Leiden set it to nil due to neglect.
Example 2: Child maintenance and refusal to work. Ms. De Vries receives child maintenance but does not work, despite part-time options at Leiden companies. The court reduced her needs (Court of Appeal of The Hague, ECLI:NL:GHDHA:2021:1234).
Example 3: Exception for illness. In cases of burnout with medical certification, no immediate obligation; maintenance preserved until recovery (HR 10 June 2011, ECLI:NL:HR:2011:BP3076).
Rights and Obligations
Obligations
- Proof of job applications (letters, UWV file).
- Participate in reintegration via UWV or occupational health service.
- Training if reasonable, e.g., via ROC Leiden.
Rights
- No unreasonable demands: no demotion or relocation.
- Protection in cases of illness or discrimination.
- Higher maintenance if efforts fail due to Leiden's job market.
Report changes to the District Court of Leiden or bailiff, or face penalties.
Link to Nil Maintenance
In nil maintenance cases, effort is key. No effort = imputed income; effort without success = possible nil.
FAQs for Leiden Residents
Do I have to work full-time?
No, reasonableness prevails. Lighter with children or limitations. The District Court of Leiden assesses case by case.
I apply for jobs but get none?
Imputed income possible, but with proof, temporarily nil. Document everything!
Can my ex force me?
No, but the court may impose a penalty. Visit Het Juridisch Loket Leiden.
Does it apply to child maintenance?
Yes, both parents must maximize capacity to pay and minimize needs.
Tips for Leiden Residents
- Document: Job applications, rejections, UWV contacts.
- Seek help: Het Juridisch Loket Leiden, UWV Work Agency, or family law attorney via Municipality of Leiden.
- Local networking: Use Leiden University jobs or sheltered employment companies.