Maintenance Not Paid in Netherlands — Your Rights

It is extremely frustrating and stressful when your ex-partner fails to pay the agreed maintenance (alimentatie). You depend on this money for your livelihood or that of your children, and missed payments can put you in financial difficulties. Fortunately, as someone entitled to maintenance under Dutch law, you have strong legal rights to enforce payment. There are several effective steps you can take to still get your money.

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What's happening?

Maintenance (alimentatie) is a legal obligation that arises after a divorce or end of a relationship in the Netherlands. This can be spousal maintenance (partneralimentatie) for the ex-partner or child maintenance (kinderalimentatie) for the children. When maintenance is not paid, you have maintenance arrears. Unfortunately, this happens regularly, often due to financial problems of the person obliged to pay, but sometimes also due to unwillingness. Outstanding maintenance can have major consequences for your financial situation and that of your children.

What does Dutch law say?

Dutch law provides strong protection to those entitled to maintenance. Maintenance payments are legally required and can be enforced using various means. The Dutch Civil Code (Burgerlijk Wetboek) and the Collection of Maintenance Contributions Act (Wet invordering onderhoudsbijdragen) give you several options to uphold your rights. The government even helps with collecting outstanding maintenance.

1Article 1:157 BW (Dutch Civil Code): Parents are obliged to contribute to the costs of care and upbringing of their children, even after divorce

2Article 1:392 BW (Dutch Civil Code): Ex-partners may be entitled to spousal maintenance for their livelihood

3Collection of Maintenance Contributions Act (Wet IOB): The LBIO can collect maintenance on your behalf in case of non-payment

What are your rights?

As someone entitled to maintenance in the Netherlands, you have several strong rights to enforce payment. These rights are legally established and can be effectively used.

1Right to full payment: You are entitled to the full agreed maintenance, including outstanding amounts

2Right to statutory interest: You are owed statutory interest on outstanding maintenance from the due date

3Right to collection by LBIO: You can get free help from the National Bureau for Collection of Maintenance Contributions (Landelijk Bureau Inning Onderhoudsbijdragen)

4Right to seizure and wage garnishment: Through the court, you can have income, assets or bank accounts seized

What can you do now?

There is a clear action plan you can follow to still get your maintenance under Dutch law. Always start with the least intrusive steps before escalating.

1Send a written reminder to your ex-partner with a 14-day payment deadline

2If payment is not forthcoming, send a formal notice (ingebrekestelling) with a new payment deadline and warning of further steps

3Register with the LBIO (National Bureau for Collection of Maintenance Contributions) for free collection assistance

4For persistent refusers, engage a lawyer for judicial collection and seizure procedures

Template letter

A well-drafted formal notice (ingebrekestelling) can often be sufficient to persuade your ex-partner to pay. MijnRecht.AI can help you draft an effective reminder letter or formal notice that contains all the correct legal elements and makes the seriousness of the situation clear under Dutch law.

Where can you get help?

The National Bureau for Collection of Maintenance Contributions (LBIO) is your first point of contact for help with collecting maintenance in the Netherlands. They offer free assistance and have strong collection powers. For legal advice, you can contact the Legal Counter (Juridisch Loket) or a specialised family law solicitor. In persistent cases, you can take further measures through the court such as wage or bank seizure.

Conclusion

Non-payment of maintenance is a serious problem, but you are not powerless against it under Dutch law. With the right approach and using the available support services, you can usually still get your money. Don't wait too long to take action, because the longer you wait, the more difficult it becomes to collect outstanding amounts in the Netherlands.

Frequently Asked Questions

How long can my ex-partner fall behind with maintenance before I take action?

What does it cost to engage the LBIO for collecting maintenance?

Can I charge statutory interest on outstanding maintenance?

What happens if my ex-partner has no income or assets?

Can maintenance be adjusted if my ex-partner says they have no money?

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