Failure to meet alimony obligations can have serious consequences. The receiving party may enforce payment through various legal means, resulting in significant additional costs for the non-paying party.
Legal Measures for Non-Payment
| Measure | Description |
|---|---|
| Wage Garnishment | The employer deducts alimony and costs from the salary |
| Bank Account Attachment | Balance is transferred to the alimony creditor |
| Benefits Attachment | Deduction by the UWV (Employee Insurance Agency) or municipality |
| Attachment of Assets | Sale of valuable goods such as a car |
| Home Attachment | Possible in cases of long-term arrears |
| Coercive Detention | Imprisonment as a last resort, up to 1 year |
Driver’s License Suspension
Since 2020, persistent non-payment of child alimony may result in the suspension of the driver’s license. The LBIO (Central Administration Office for Maintenance Payments) can enforce this after court approval.
Additional Costs
Non-payment incurs extra costs, including:
- Bailiff fees (for service and enforcement)
- Costs for attachment
- Interest on outstanding amounts
- Collection costs via the LBIO
These costs can amount to 15-25% of the outstanding debt.
Statute of Limitations for Alimony Claims
An alimony claim expires after 5 years. Arrears older than 5 years are no longer enforceable unless the statute of limitations has been interrupted, for example, by a demand for payment.
Coercive Detention
In exceptional cases, the court may impose coercive detention, meaning you could be held in detention for up to one year until the alimony is paid. This occurs only if:
- No other measure has been effective
- The payer is able but refuses to pay
Can I stop paying alimony if my ex does not comply with the visitation arrangement?
No, alimony and visitation arrangements are legally separate matters. Even if your ex obstructs visitation with your children, you are still obligated to pay alimony. However, you may initiate a separate case regarding the visitation arrangement.What if I genuinely cannot pay the alimony?
If your financial situation has changed, contact your ex-partner immediately to make new arrangements. If this is not possible, request a reduction or termination of alimony from the court. Do not simply stop paying, as this will lead to problems.Do I risk detention for alimony debt?
Coercive detention is only applied in extreme cases. This occurs only if the court determines that you are able to pay but deliberately refuse to do so. If you are genuinely unable to pay, this measure will not be imposed.Frequently Asked Questions About Alimony in Westland
What are the consequences of not paying alimony?
If alimony is not paid, the receiving party may take measures such as wage garnishment, attachment of bank accounts or assets. Your driver’s license may be suspended, and in rare cases, coercive detention may be applied. Additionally, costs such as bailiff fees and interest may accrue, increasing the debt by up to 25%.
How quickly can my income be garnished?
This depends on the procedure. After engaging a bailiff, wage garnishment can be executed within a few weeks. You will first receive a warning and an opportunity to pay. A prompt arrangement can prevent garnishment.
Can I lose my driver’s license due to overdue alimony?
Yes, since 2020, the LBIO can suspend your driver’s license for persistent non-payment of child alimony, following court approval. You will first receive a warning and an opportunity to pay.
What should I do if I cannot pay alimony?
Contact your ex-partner as soon as possible to find a temporary solution. If this is not possible, request a reduction or termination of alimony from the District Court of The Hague. Do not wait, as arrears will accumulate and lead to additional costs.
Does an alimony debt expire?
Yes, an alimony claim expires after 5 years unless the statute of limitations has been interrupted by, for example, a legal action. Take timely action if you have payment difficulties to avoid further complications.
Can I be imprisoned for non-payment?
Only in exceptional cases, if the court rules that you are deliberately not paying despite being able to do so. Coercive detention is not applied if you are genuinely financially unable to pay.
For more information or legal advice, you can contact the Legal Counter Westland or file a case with the District Court of The Hague.