Setting maintenance to nil means that the payment obligation is set at €0. This can be a temporary or permanent solution, depending on the financial situation of the paying party.
When is setting to nil possible?
Setting to nil can be requested if the maintenance obligor is unable to pay due to lack of financial capacity. Possible causes include, among others:
- Long-term unemployment without benefits
- An income at social assistance level
- Disability with a minimal benefit
- Serious financial debts
- Detention
Temporary or permanent?
| Type | Description |
|---|---|
| Temporary setting to nil | There is prospect of recovery of financial capacity; after a certain period, the situation is reviewed again |
| Permanent setting to nil | No prospect of improvement in the financial situation |
How to apply for setting to nil in Zoetermeer?
To achieve setting to nil, follow these steps:
- First try to reach agreement with your ex-partner
- If that fails, file a request with the District Court of The Hague via a lawyer
- Prove that you have no financial capacity with financial documents
- Submit documents such as payslips, benefit details, and 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 do not make sufficient efforts to find work
- You have deliberately reduced your working hours
- You have intentionally lowered your income
- There are opportunities to earn income
What does setting to nil mean for you?
With setting to nil:
- You temporarily do not pay maintenance
- You do not incur arrears during the nil period
- Maintenance can be reassessed in the event of an improved situation
Does debt arise during setting to nil?
No, during the setting to nil, your payment obligation is set to zero, so no debt accumulates. However, if your situation changes, the recipient can request maintenance again.Is retrospective setting to nil possible?
Yes, the court can decide that setting to nil applies retroactively, for example from the moment you no longer had income. This depends on your situation and whether it is fair to the other party.What if I am in a debt restructuring process?
During a WSNP process (debt restructuring), there is often no room to pay maintenance. The court can then set the obligation to nil temporarily for the duration of the process.Contact and support in Zoetermeer
For legal advice on setting to nil, you can go to the Juridisch Loket Zoetermeer. Your case is handled by the District Court of The Hague, as Zoetermeer falls under this district.
Frequently asked questions about setting to nil
How do I apply for setting to nil?
Start with a conversation with your ex-partner. If that does not work, engage a lawyer for a petition to the District Court of The Hague. Demonstrate that you have no financial capacity with relevant financial documents. The court determines whether setting to nil is justified and whether you are making sufficient efforts to obtain income.
What if I quit my job myself?
If you voluntarily stop working or reduce your income, the court will usually reject setting to nil. You must demonstrate that you are doing everything to earn income.
Can my ex later demand maintenance again?
Yes, if your financial situation improves, your ex-partner can request maintenance again. The court will then assess your current financial capacity.
How long does setting to nil normally last?
This varies per case. For temporary setting to nil, a review date is often scheduled, such as after 1 or 2 years. For permanent setting to nil, there is no expectation of recovery, but it can always be reviewed in the event of changed circumstances.
What if I am in debt restructuring?
During a WSNP process, you can apply for setting to nil, as your income often goes entirely to creditors. Consult your lawyer and provide proof of the process.
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 for child maintenance are stricter, as the child's interest takes precedence.