Engaging LBIO: Step by Step Securing Your Maintenance Rights in Den Haag
The LBIO (National Bureau for the Collection of Maintenance Contributions) provides assistance in collecting maintenance when the paying ex-partner fails to pay. For residents of Den Haag, this is essential in divorce cases at the Rechtbank Den Haag. By engaging the LBIO, as a recipient of child or spousal maintenance, you receive professional support to enforce your entitlement. This article explains how to proceed, including local tips and legal guidelines.
What is the LBIO and When to Engage It in Den Haag?
The LBIO, part of the CJIB, specializes in collecting maintenance contributions in family law matters. It acts as a collection agent for entitled parties, such as parents with child custody or ex-partners. Engage the LBIO in cases of non-compliance with maintenance obligations established by a judgment from the Rechtbank Den Haag or a settlement agreement.
In the Netherlands, maintenance payments are mandatory, but around 20% of cases require enforced collection (CJIB data). In Den Haag, with a high number of divorces, financial disputes are common, particularly in neighborhoods like Schilderswijk or Segbroek.
Legal Basis of the LBIO
The LBIO Act of 21 April 2005 governs its powers through an enforcement request. Child maintenance is based on Civil Code arts. 1:404-1:407, while spousal maintenance falls under Civil Code art. 1:157. Enforcement follows art. 430 CCP, with options such as wage, bank, or asset garnishment by the LBIO, without additional steps required from you.
For advice in Den Haag: Contact the Juridisch Loket Den Haag (Laan van Wateringsveld 62).
The Procedure to Engage the LBIO as a Den Haag Resident
The process begins with an application. Follow these steps, with local support:
- Gather documents: Court judgment from Rechtbank Den Haag or notarized settlement agreement specifying the maintenance amount.
- Submit enforcement request: Online or by mail to the LBIO, including names, addresses, amount, and proof of non-payment (e.g., bank statements).
- Await assessment: Review within weeks; if approved, they contact the debtor for a payment arrangement.
- Execute collection: If no payment, garnishment follows; you receive the amount minus 5-10% administrative fees.
- Follow up: Check status via the LBIO portal or seek help from the Juridisch Loket Den Haag.
Process duration: 3-6 months. In emergencies, such as with support from the Gemeente Den Haag, request an interim measure from the Rechtbank.
Practical Examples of LBIO in Den Haag
Example: A single parent in Den Haag with children in the Zuiderpark area misses €450 in child maintenance. After an LBIO request, they impose wage garnishment on the ex-partner's employer in Zoetermeer, quickly collecting €1,350 in arrears.
Spousal maintenance: Ex refuses €550/month. LBIO locates savings via bank garnishment; payment is made directly. Without LBIO, a bailiff would cost more, while the Juridisch Loket Den Haag offers free preparation assistance.
This shows how the LBIO relieves Den Haag residents in emotionally charged family law disputes.
Rights and Obligations with LBIO in Den Haag
Recipients are entitled to prompt collection and updates. The LBIO acts timely and keeps costs low. You must report changes, such as address updates via the Gemeente Den Haag. Payers must comply but may lodge an objection with the court.
| Aspect | Recipient Rights | Payer Obligations |
|---|---|---|
| Payment | Receipt within 30 days | Pay promptly without delay |
| Garnishment | Protected against excesses | Do not conceal assets |
| Objection | Legal aid via Loket | Motivate objection within 6 weeks |
Frequently Asked Questions for Den Haag
Can I engage LBIO without a judgment from Rechtbank Den Haag?
No, a judgment or settlement agreement is required. Start at the Juridisch Loket Den Haag for establishment.
How quickly do I get money after engaging LBIO?
First collection in 1-3 months, arrears prioritized. For urgency: interim measure at Rechtbank Den Haag.