Failure to meet maintenance obligations in Zoetermeer can have serious consequences. The receiving party can take various steps to enforce payment, leading to high additional costs for the non-paying party.
Measures in Case of Non-Payment
| Measure | Explanation |
|---|---|
| Wage Garnishment | The employer deducts maintenance and costs from the salary |
| Bank Account Garnishment | Balance is transferred to the maintenance creditor |
| Benefit Garnishment | UWV or municipality withholds amounts |
| Asset Garnishment | Valuable goods, such as a car, can be sold |
| Property Garnishment | Possible in case of significant arrears |
| Imprisonment for Debt | Detention up to one year as a last resort |
Seizure of Driving License
Since 2020, in cases of persistent non-payment of child maintenance in Zoetermeer, the driving license can be revoked. The LBIO can execute this after approval by the judge via the District Court of The Hague.
Additional Costs
Non-payment incurs additional costs:
- Costs for the bailiff (such as service costs)
- Costs for levy of execution
- Interest on the arrears as provided by law
- Collection costs via the LBIO
These costs can amount to 15-25% of the outstanding amount.
Statute of Limitations Period
Maintenance claims have a statute of limitations period of 5 years. This means that arrears older than 5 years can no longer be claimed, unless the statute of limitations has been interrupted, for example by a demand letter.
Detention (Imprisonment for Debt)
As a last resort, the judge in the Zoetermeer region may impose imprisonment for debt: confinement in a detention center for a maximum of 1 year until the maintenance is paid. This applies only if:
- No other enforcement measures are effective
- The debtor is able to pay but refuses to do so
May I stop paying if my ex blocks contact?
No, maintenance and contact arrangements are legally separate. Even if your ex prevents contact with the children, you must continue paying. You can initiate a separate case regarding contact via the District Court of The Hague.What if I really cannot pay the maintenance?
If your financial situation in Zoetermeer has changed, contact your ex-partner immediately for a new arrangement. If that fails, apply to the court for reduction or discharge. Do not stop paying unilaterally, as this leads to problems.Can I be imprisoned for maintenance debt?
Imprisonment for debt is an exceptional measure and is rarely applied. It only occurs if the judge rules that you are able to pay but refuse. In cases of genuine inability to pay, this measure is not imposed.Frequently Asked Questions
What are the consequences of not paying maintenance in Zoetermeer?
In case of non-payment, enforcement measures such as wage garnishment, garnishment of bank accounts, benefits or assets can be imposed. Your driving license may also be seized or, in extreme cases, imprisonment for debt may be applied. In addition, costs are incurred, such as bailiff costs and interest, which can amount to up to 25% of the arrears.
How quickly is garnishment imposed on my income?
The speed depends on the procedure. After engaging a bailiff, garnishment can be imposed within a few weeks. You first receive a demand and an opportunity to pay. Contact the Juridisch Loket Zoetermeer for advice to prevent garnishment.
Can my driving license be seized for maintenance arrears?
Yes, since 2020, the LBIO can seize your driving license in cases of persistent non-payment of child maintenance, after court permission. You first receive a warning and an opportunity to pay.
What to do if I cannot pay maintenance?
Contact your ex-partner as soon as possible for an arrangement. If that fails, apply via the District Court of The Hague for adjustment or termination of the maintenance. Do not wait, as arrears accumulate.
Does a maintenance debt expire?
Yes, maintenance claims expire after 5 years, unless the statute of limitations has been tolled by a legal action. Contact the Juridisch Loket Zoetermeer in time if you have payment problems.