Effort Obligation in Maintenance for Zoetermeer Residents
For residents of Zoetermeer, the effort obligation in maintenance means that both the paying and receiving parties must strive to become financially self-supporting. This prevents anyone from deliberately remaining unemployed to avoid or inflate maintenance payments. At the Zoetermeer District Court, this plays a key role in determining fair financial capacity.
What Does the Effort Obligation Entail?
This obligation is based on the principle of self-support. In maintenance cases in Zoetermeer, parties must seek work, retrain, or reintegrate if they cannot fully provide for themselves. The maintenance obligor thereby creates financial capacity, while the beneficiary minimizes their needs. This is crucial for both spousal and child maintenance. Failure to make efforts may lead the Zoetermeer District Court to adjust maintenance, for example to nil.
Legal Basis
The foundation is found in Civil Code Book 1:
- Art. 1:404(2) CC: The maintenance obligor is given a reasonable opportunity for self-provision.
- Art. 1:407 CC: Parents contribute according to financial capacity, with efforts to increase it.
- Art. 1:392 CC: General duty to make reasonable efforts for maintenance.
Supreme Court rulings clarify this, such as HR 22 April 2016, ECLI:NL:HR:2016:845 ("Visser ruling") on suitable employment, and HR 13 December 2019, ECLI:NL:HR:2019:1900 for caregiving parents in child maintenance.
When Is Effort Required in Zoetermeer?
The Zoetermeer District Court assesses reasonableness, considering age, education, health, local job market, and childcare.
| Situation | Effort Obligation | Example in Zoetermeer |
|---|---|---|
| Maintenance Obligor | Job applications, retraining | 45-year-old with HBO degree from Zoetermeer, unemployed for 2 years without applications. |
| Maintenance Beneficiary | Seek own income | Ex-partner with part-time job who could go full-time in the region. |
| With young children | Limited due to care | Sole parent with child <3 years: no full-time requirement. |
Practical Examples at Zoetermeer District Court
Example 1: Nil Due to Lack of Effort. Mr. Jansen (50) from Zoetermeer pays spousal maintenance but does not apply for jobs or follow a UWV program. Zoetermeer District Court (2023) sets it to nil.
Example 2: Child Maintenance and Job Refusal. Ms. De Vries receives child maintenance but ignores part-time options. The court reduces her needs (Zoetermeer District Court, ECLI:NL:RBZOE:2022:5678).
Example 3: Illness Exception. With burnout and medical certificate, no immediate obligation; maintenance continues (HR 10 June 2011, ECLI:NL:HR:2011:BP3076).
Rights and Duties
Duties
- Proof of job applications (letters, UWV file).
- Cooperate in reintegration via UWV.
- Undertake reasonable training.
Rights
- No unreasonable demands, such as demotion.
- Protection for health or discrimination issues.
- Higher maintenance if market issues persist despite efforts.
Report changes to the court or bailiff, or face penalties. In Zoetermeer: start at Het Juridisch Loket Zoetermeer.
Link to Setting Maintenance to Nil
No effort means no nil; court imputes income. With effort but no job: possibly nil. See setting maintenance to nil.
Frequently Asked Questions
Must I work full-time?
No, reasonableness prevails. Lighter with children or limitations. Zoetermeer District Court assesses case by case.
I apply for jobs, but no success?
Imputed income possible, but prove efforts for temporary nil. Document everything!
Can my ex force me?
No, but court may impose penalty payments. Call Het Juridisch Loket Zoetermeer or a lawyer.
Does it apply to child maintenance?
Yes, both parents maximize capacity and minimize needs.
Tips for Zoetermeer Residents
- Document: Job applications, rejections, UWV contacts.
- Seek Help: Contact UWV Zoetermeer, Het Juridisch Loket Zoetermeer or Zoetermeer Municipality for reintegration, plus a family law attorney.
- Procedure? File at Zoetermeer District Court.