Setting maintenance to nil means that the payment 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 due to limited ability to pay. Possible causes include, among others:
- Long-term unemployment without benefits
- Living on social assistance benefits
- Disability with a minimal benefit
- Serious financial debts
- Imprisonment
Temporary or permanent?
| Type | Description |
|---|---|
| Temporary setting to nil | There is hope for restoration of ability to pay; after a certain period, the situation is reviewed again |
| Permanent setting to nil | No prospect of improvement in ability to pay |
How do you apply for setting to nil?
To obtain setting to nil, you must take the following steps:
- First try to reach agreement with your ex-partner
- If this fails, you must submit a request to the court via a lawyer
- Demonstrate that your ability to pay is insufficient
- Submit financial documents, such as payslips, benefit details, and 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 do not make sufficient efforts to find work
- You have deliberately reduced your working hours
- You have intentionally lowered your income
- There is potential to earn
What does setting to nil mean for you?
If setting to nil is granted:
- You do not have to pay maintenance temporarily
- You do not incur payment arrears during the nil period
- New maintenance can be established upon a change in circumstances
Does my debt accumulate during setting to nil?
No, during the period of setting to nil, you do not build up debt, because the obligation is set at zero. However, if your situation improves, the recipient can request maintenance again.Is setting to nil possible with retroactive effect?
Yes, the judge can decide that setting to nil applies retroactively, for example from the moment you became unemployed. This is assessed on a case-by-case basis for reasonableness.What about setting to nil during debt restructuring?
During a WSNP process (debt restructuring), there is often no room for maintenance payments. The judge can set the maintenance to nil for that period, provided it is requested.Frequently asked questions about setting to nil in Leiden
How do I apply for setting to nil at the District Court of The Hague, Leiden location?
Start with a discussion with your ex-partner. If this does not succeed, you must submit a petition via a lawyer to the District Court of The Hague, Leiden location. You must prove that you have no ability to pay with documents such as payslips or benefit statements. The judge determines whether setting to nil is justified.
What if I quit my job myself and want setting to nil?
The judge often rejects setting to nil if you yourself reduce your income, for example by resigning. You must demonstrate that you are doing everything to find work or generate income.
Can my ex later demand maintenance again?
Yes, if your financial situation improves, your ex-partner can submit a new request. The judge then examines your current ability to pay to determine if maintenance is obligatory again.
How long does a setting to nil last?
This varies per case. For a temporary setting to nil, a review date is often scheduled, for example after 1 or 2 years. For permanent setting to nil, no restoration of ability to pay is expected, but this can always be reviewed.
What if I am in a debt restructuring process?
During a WSNP process, you can request setting to nil, as your income often goes entirely to creditors. Consult your lawyer and submit the relevant documents to the court.
Does setting to nil also apply to child maintenance?
Yes, setting to nil can apply to both partner and child maintenance. However, the rules are stricter for child maintenance, as the child's interest takes precedence.
For legal advice in Leiden, you can contact the Juridisch Loket Leiden, located at Stationsweg 46. For matters regarding setting to nil, you can go to the District Court of The Hague, Leiden location.