Setting to nil means that the maintenance is set at € 0. This can be a temporary or permanent measure, depending on the financial situation of the maintenance payer.
When is setting to nil possible?
Setting to nil can be requested if the maintenance payer is unable to pay maintenance due to lack of ability to pay. Possible causes include, among others:
- Long-term unemployment without benefits
- Living on social assistance benefits
- Work incapacity with a minimal benefit
- Serious financial debts
- Incarceration
Temporary or permanent?
| Type | Description |
|---|---|
| Temporary setting to nil | If recovery of ability to pay is expected; after a certain period, the situation is reviewed again |
| Permanent setting to nil | If no ability to pay is expected in the long term |
Steps for application
To achieve setting to nil, you must take the following steps:
- First try to reach agreement with your ex-partner
- If this fails, submit a request to the court via a lawyer
- Prove that your ability to pay is insufficient
- Provide financial documents, such as payslips, benefit details or tax returns
Obligation to make efforts
The court expects you to actively try to generate income. Setting to nil will not be granted if:
- You make too little effort to find work
- You have deliberately reduced your working hours
- You have intentionally lowered your income
- You are capable of earning
Effects of setting to nil
If setting to nil is granted:
- You do not have to pay maintenance temporarily
- No payment arrears are built up during the nil period
- Maintenance can be reassessed if your situation changes
Do I incur debts during setting to nil?
No, during the period of setting to nil, your maintenance obligation is set to zero, so no arrears arise. However, if your financial situation improves, the recipient can request maintenance again.Is setting to nil with retroactive effect possible?
Yes, the court can grant setting to nil with retroactive effect, for example from the moment of unemployment. This depends on the specific situation and whether it is fair to the other party.How does setting to nil work during debt restructuring?
During a WSNP process (debt restructuring), there is often no room for maintenance payments. The court sets the maintenance to nil in many cases for the duration of the process.Frequently asked questions about setting to nil in Utrecht
How do I apply for setting maintenance to nil?
Start with a conversation with your ex-partner. If this yields no result, submit a request via a lawyer to the Rechtbank Midden-Nederland (Vrouwe Justitiaplein 1, Utrecht). Prove that you have no ability to pay with documents such as payslips or benefit statements. The judge determines whether setting to nil is appropriate.
What if I quit my job myself and want setting to nil?
The judge usually rejects setting to nil if you have voluntarily reduced your income. You are obliged to make efforts for work and income. Setting to nil can only be considered in cases of proven inability.
Can my ex later demand maintenance again?
Yes, if your financial situation improves, your ex-partner can submit a new request. The court will then reassess your ability to pay and the maintenance obligation.
How long does a setting to nil apply?
This varies per case. For temporary setting to nil, a reassessment may take place after, for example, 1 or 2 years. For permanent setting to nil, no ability to pay is expected, but this can be revised later in case of changed circumstances.
What if I am in a debt restructuring process?
During a WSNP process, you often cannot pay maintenance. Via your lawyer, you can apply for setting to nil for this period. Submit documentation such as the debt restructuring order to the court.
Does setting to nil also apply to child maintenance?
Yes, setting to nil can be requested for both spousal and child maintenance. However, the criteria are stricter for child maintenance, as the child's interest takes precedence.
For legal assistance, you can go to the Juridisch Loket Utrecht, located at Catharijnesingel 55.
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