Do you receive a social assistance benefit in Utrecht? Then maintenance has an impact on your benefit. The Municipality of Utrecht can also attempt to recover maintenance from your ex-partner.
Effect on your social assistance benefit
Maintenance counts as income and is therefore deducted from your social assistance benefit:
- Spousal maintenance is fully deducted from your social assistance
- Child maintenance is also offset
- Ultimately, you end up with the same net amount
Recovery by the Municipality of Utrecht
If you receive social assistance and your ex-partner does not pay or pays insufficient maintenance, the Municipality of Utrecht can recover the costs of your benefit from your ex-partner. This process is called 'social assistance recovery'.
| Situation | Action by the municipality |
|---|---|
| No maintenance established | Municipality determines an amount and recovers it |
| Maintenance agreed but not paid | Municipality collects it for you or initiates a recovery procedure |
| Ex-partner refuses payment | Municipality can enlist the LBIO for assistance |
Recovery contribution in Utrecht
The Municipality of Utrecht calculates a recovery contribution based on the financial capacity of your ex-partner. This amount may differ from what a court would determine as maintenance.
Obligation to cooperate
As a recipient of social assistance in Utrecht, you are obliged to cooperate:
- You must share information about your ex-partner with the municipality
- You must cooperate in establishing paternity (if applicable)
- You must support maintenance claims
If you refuse, the municipality may reduce your benefit.
When is recovery not pursued?
The Municipality of Utrecht refrains from recovery in the following cases:
- Your ex-partner has insufficient financial capacity
- Recovery would seriously harm the relationship with the children
- The costs of recovery do not outweigh the proceeds
Do I need to arrange maintenance myself if I receive social assistance in Utrecht?
The Municipality of Utrecht often takes over this task. However, you must cooperate by providing information about your ex-partner. The municipality determines whether it is worthwhile to pursue recovery.What happens if my ex pays maintenance while I receive social assistance?
The maintenance is fully deducted from your social assistance benefit. Your total income remains the same, as the maintenance replaces part of the social assistance.Can I object to the recovery?
If your ex-partner disagrees with the recovery contribution, he or she can object to the Municipality of Utrecht. As a social assistance recipient, you can also object if the recovery has negative consequences for you or your children.Frequently asked questions about maintenance and social assistance in Utrecht
How is maintenance offset against my social assistance in Utrecht?
Both spousal and child maintenance is fully deducted from your social assistance benefit. Your benefit is reduced by the amount of maintenance received, so your net income remains the same. The municipality considers maintenance as income and adjusts your benefit accordingly.
What to do if my ex-partner does not pay maintenance?
The Municipality of Utrecht can recover the maintenance from your ex-partner on your behalf. You must cooperate by providing relevant information. The municipality can determine an amount or enlist the LBIO in case of payment refusal.
How does the Municipality of Utrecht determine the recovery contribution?
The municipality assesses the capacity of your ex-partner based on income, assets, and expenses. This amount may differ from a judicial maintenance determination. Your ex-partner can object to this decision.
What if I do not comply with the duty to cooperate?
If you do not provide information or cooperate, the Municipality of Utrecht may reduce or terminate your social assistance benefit. Cooperating in recovery is an obligation.
Can the municipality refrain from recovery?
Yes, the Municipality of Utrecht can refrain from recovery if your ex-partner's capacity is too low, if it harms contact with the children, or if the costs are too high relative to the result.
What is the difference between maintenance and recovery contribution?
Maintenance is an agreed or court-determined amount that your ex-partner pays. Recovery contribution is the amount that the Municipality of Utrecht imposes on your ex-partner to cover the costs of your social assistance.
Relevant institutions in Utrecht:
- District Court Midden-Nederland, Vrouwe Justitiaplein 1
- Juridisch Loket Utrecht, Catharijnesingel 55