Failure to meet maintenance obligations in Utrecht can lead to serious consequences. The receiving party has several options to enforce payment, which often involves significant additional costs for the non-paying party.
Countermeasures in Case of Non-Payment
| Measure | Description |
|---|---|
| Wage Garnishment | The employer deducts maintenance and associated costs from the salary |
| Garnishment on Bank Account | Balance is transferred to the maintenance beneficiary |
| Garnishment on Benefits | UWV or municipality withholds amounts |
| Garnishment on Assets | Valuable goods or vehicles may be sold |
| Garnishment on Real Property | Possible in case of high arrears |
| Imprisonment (Lijfsdwang) | Detention as a last resort, maximum 1 year |
Seizure of Driving License
Since 2020, in case of persistent non-payment of child maintenance, the driving license may be seized. The LBIO can execute this after court permission.
Additional Costs
Not paying maintenance incurs additional costs:
- Costs for the bailiff (service and writ)
- Costs for levy of execution
- Interest on the arrears
- Collection costs via LBIO
These costs can amount to 15-20% of the outstanding amount.
Prescription of Claims
Maintenance claims have a prescription period of 5 years. This means that overdue payments older than 5 years can no longer be claimed, unless the prescription has been interrupted.
Imprisonment by Lijfsdwang
As a last resort, a judge may decide on imprisonment (lijfsdwang), whereby the non-paying party may be detained for up to one year in a detention center until the maintenance is paid. This only happens if:
- No other means are effective
- The payer is able but refuses to pay
May I stop paying if my ex blocks contact?
No, maintenance and contact arrangements are legally separate matters. Even if your ex-partner obstructs contact with the children, the payment obligation remains. You can initiate a separate case regarding the contact arrangement.What to do if I cannot pay the maintenance?
If your financial situation has changed, immediately contact your ex-partner to make a new arrangement. If this does not work, ask the court for a reduction or nil assessment of the maintenance. Do not simply stop paying, as this can lead to legal action.Am I at risk of imprisonment for maintenance debt?
Imprisonment (lijfsdwang) is only applied in exceptional cases. This only happens if the court rules that you are able to pay but deliberately do not. In case of genuine inability to pay, this measure is not imposed.Frequently Asked Questions about Maintenance in Utrecht
What are the consequences of not paying maintenance?
If you do not pay your maintenance, the recipient can take legal action such as wage garnishment, garnishment on bank accounts or assets. Your driving license may be seized and in extreme cases imprisonment (lijfsdwang) may be applied. In addition, costs such as bailiff fees and statutory interest are added, which can amount to up to 20% of the debt.
How quickly can garnishment be imposed on my income?
This depends on the procedure. After engaging a bailiff, garnishment can be imposed within a few weeks. You first receive a warning and the opportunity to pay. By quickly making an arrangement, you may prevent garnishment.
Can I lose my driving license due to maintenance arrears?
Yes, since 2020, the LBIO can seize your driving license in case of persistent non-payment of child maintenance, after a court decision. You first receive a warning and the opportunity to pay anyway.
What if I really cannot pay the maintenance?
Contact your ex-partner as soon as possible for a temporary solution. If this does not work, request the court for a reduction or suspension of the maintenance. Do not wait, as arrears accumulate and can lead to additional costs.
Does a maintenance debt prescribe?
Yes, after 5 years, maintenance claims prescribe, unless the prescription has been interrupted by, for example, a demand letter or legal action. It is important to take timely action in case of payment problems.
Will I be imprisoned for not paying maintenance?
Imprisonment via lijfsdwang is an exceptional measure and is only applied if you deliberately refuse to pay while you are able to. In case of genuine financial inability, this is not imposed.
Relevant Authorities in Utrecht:
- District Court Midden-Nederland, Vrouwe Justitiaplein 1
- Juridisch Loket Utrecht, Catharijnesingel 55