Setting to nil means that the maintenance obligation is set at € 0. This can be a temporary or permanent measure, 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 maintenance due to lack of ability to pay. Possible causes include:
- 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 | It is expected that the ability to pay will return; after a certain period, reassessment follows |
| Permanent setting to nil | No prospect of improvement in ability to pay in the long term |
How do you apply for setting to nil?
To obtain setting to nil in Westland, you must follow the following steps:
- First try to reach agreement with your ex-partner
- If this fails, you must submit a request via a lawyer to the District Court of The Hague
- Demonstrate that your ability to pay is insufficient
- Provide supporting documents such as payslips, benefit details, and tax returns
Obligation to make efforts
The judge in The Hague expects you as the maintenance obligor to actively try to generate income. Setting to nil will be rejected if:
- You are not applying for jobs sufficiently
- 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?
If setting to nil is granted:
- You do not have to pay maintenance temporarily
- You do not incur arrears during the nil period
- Maintenance can be reassessed if your situation changes
Does debt accrue during setting to nil?
No, during the period of setting to nil, your obligation is set to zero, so no arrears arise. However, if your situation improves, the recipient can request maintenance again.Is setting to nil possible with retroactive effect?
Yes, the court can decide that setting to nil applies retroactively, for example from the moment of unemployment. This depends on your specific situation and reasonableness towards the other party.What about setting to nil during debt restructuring?
During a WSNP process (debt restructuring), there is usually no room for maintenance payments. The court often sets maintenance to nil for the duration of this process.Frequently asked questions about setting to nil in Westland
How do I apply for setting to nil at the District Court of The Hague?
Start with consultation with your ex-partner. If this does not succeed, you must submit a petition via a lawyer to the court. Prove your lack of ability to pay with financial documents such as payslips or benefit statements. The judge assesses whether setting to nil is appropriate and whether you are making sufficient efforts to obtain income.
What if I quit my job myself and want setting to nil?
The chance is small that the judge will approve setting to nil if you voluntarily stop working or reduce your income. You must demonstrate that you have done everything to find work or maintain income.
Can my ex later demand maintenance again?
Yes, if your financial situation improves, your ex-partner can submit a new request. The court then examines your current ability to pay and sets a new maintenance obligation if applicable.
What is the usual duration of setting to nil?
This varies per case. For temporary setting to nil, reassessment is often scheduled after 1-2 years. For permanent setting to nil, no ability to pay is expected, but this can be reviewed if circumstances change.
What if I am in a debt restructuring process?
During a WSNP process, you can apply for setting to nil, as your income often goes entirely to creditors. Consult your lawyer and provide the debt restructuring order as evidence to the District Court of The Hague.
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 more information or assistance, you can contact the Juridisch Loket Westland.