What if my ex doesn't pay alimony?
If your ex doesn't pay the alimony, you can contact the National Bureau for Collecting Maintenance Contributions (LBIO) to have them collect the money for you. The LBIO has strong powers to collect arrears. This is important because you are entitled to the agreed alimony and there are effective means to enforce this.
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The short answer
The LBIO can collect the alimony for you, including statutory interest and collection costs. You can register with the LBIO as soon as your ex is one month or more behind on the payment. The LBIO will then actively pursue your ex and use various coercive measures such as garnishing wages, bank accounts or benefits. They can also recover the debt from your ex's assets. The LBIO works free of charge for you - all costs are passed on to the liable ex-partner.
What does the law say?
The law gives you strong rights when alimony is not paid. The Civil Code stipulates that alimony must be paid monthly in advance. In case of non-payment, you can use the Alimony Collection Act. This law gives the LBIO special powers that go beyond normal collection agencies. There is also automatically statutory interest on outstanding alimony.
What should you watch out for?
It is important that you act quickly in case of payment arrears - don't wait too long to register with the LBIO. Keep careful track of all payment information and document when payments are missing. Note that the LBIO can only collect what is actually recorded in an enforceable title. It is also important to know that the LBIO cannot make new arrangements - you have to do that yourself.
Example from practice
Sandra is entitled to €400 alimony per month for her son, but her ex-husband hasn't paid for three months. She registers with the LBIO with her enforceable title. The LBIO first sends a notice to her ex-husband. When he still doesn't pay, the LBIO seizes his salary from his employer. Sandra now receives her alimony again every month, plus the outstanding amounts and statutory interest. All collection costs are charged to her ex-husband.
What can you do?
There are concrete steps you can take to still get your alimony.
Conclusion
Not paying alimony is a serious matter, but you don't have to accept this. The LBIO offers an effective and free way to still get your alimony.
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