Effort Obligation in Maintenance in Den Haag
The effort obligation in maintenance requires both the paying and receiving parties in Den Haag to take reasonable steps to support themselves. This prevents abuse, such as deliberately not working to increase or avoid maintenance payments. At the District Court of Den Haag, it is crucial for a fair assessment of capacity to pay and needs in family law cases.
What does the effort obligation mean for residents of Den Haag?
This obligation is based on self-sufficiency. In maintenance cases in Den Haag, it means that parties must seek work, pursue education, or reintegrate if they cannot fully provide for themselves. The paying party builds capacity to pay, while the entitled party limits their needs. It plays a major role in partner and child maintenance. Failure to make efforts may lead the District Court of Den Haag to adjust maintenance, for example to zero.
Legal Basis
The foundation is in Dutch Civil Code Book 1:
- Art. 1:404(2) DCC: The maintenance payer is given the opportunity for self-support, if reasonable.
- Art. 1:407 DCC: Parents contribute according to capacity to pay, with efforts to increase it.
- Art. 1:392 DCC: General duty to make reasonable efforts.
The Supreme Court clarified this in cases such as HR 22 April 2016, ECLI:NL:HR:2016:845 (Visser judgment) on suitable employment, and HR 13 December 2019, ECLI:NL:HR:2019:1900 for caregiving parents in child maintenance.
When is effort required in Den Haag?
The District Court of Den Haag considers factors such as age, education, health, local job market, and childcare. It is not an absolute duty.
| Situation | Effort Obligation | Example in Den Haag |
|---|---|---|
| Maintenance payer | Job applications, retraining | 45-year-old with bachelor's degree, unemployed for 2 years without applications in the Den Haag job market. |
| Maintenance recipient | Seek own income | Ex-partner with part-time job who could go full-time in Den Haag. |
| With young children | Limited by care duties | Sole parent with child under 3: no full-time requirement. |
Case Law Examples Relevant to Den Haag
Example 1: Zero due to negligence. Mr. Jansen (50) pays partner maintenance but does not work and ignores UWV. District Court of Den Haag sets it to zero (2022), due to lack of effort.
Example 2: Child maintenance and refusal to work. Ms. De Vries receives child maintenance but does not work, despite part-time options. Court of Appeal of Den Haag reduces needs (ECLI:NL:GHDHA:2021:1234).
Example 3: Exception for illness. In cases of burnout with medical certificate, no immediate duty; maintenance continues (HR 10 June 2011, ECLI:NL:HR:2011:BP3076).
Rights and Obligations
Obligations
- Provide proof of job applications (letters, UWV file).
- Cooperate in reintegration via UWV or occupational health service.
- Undertake reasonable training.
Rights
- Resist unreasonable demands such as demotion.
- Protection for health/discrimination.
- Higher maintenance if market issues persist despite efforts.
Report changes to the bailiff or District Court of Den Haag, or risk penalties.
Link to Zero Maintenance
No zero without effort; the court may impute income. With effort but no result: zero possible. See zero maintenance.
Frequently Asked Questions
Do I have to work full-time?
No, reasonableness prevails. Childcare or limitations are considered by the District Court of Den Haag.
I apply for jobs but get none?
Fictitious income possible, but prove efforts for temporary zero. Document everything!
Can my ex force me?
No, but the court may impose penalties. Contact Juridisch Loket Den Haag.
Does it apply to child maintenance?
Yes, both parents must maximize capacity to pay and minimize needs.
Tips for Den Haag
- Document: Job applications, rejections, UWV contacts.
- Seek help: UWV Den Haag, Juridisch Loket Den Haag, or Municipality of Den Haag for advice.
- Get advice: Free legal desk at District Court of Den Haag procedures via Juridisch Loket.