Effort Obligation in Maintenance Cases in Delft
For residents of Delft, the effort obligation in maintenance requires both the paying and receiving parties to take reasonable steps to support themselves. This prevents abuse, such as deliberately not working to increase or avoid maintenance. At the District Court of The Hague, which handles cases from Delft, this is crucial for a fair calculation of capacity to pay and needs.
What does the effort obligation mean for Delft residents?
This obligation stems from the principle of self-sufficiency. In maintenance cases, parties in Delft must seek work, training, or reintegration if they cannot fully support themselves. The maintenance payer thus creates capacity to pay, while the recipient limits their needs. This applies to both spousal and child maintenance; failure to comply may lead the District Court of The Hague to adjust the maintenance, for example to nil.
Legal basis in family law
The foundation is Dutch Civil Code Book 1:
- Art. 1:404(2) DCC: The maintenance payer is given the opportunity to generate their own income, if reasonable.
- Art. 1:407 DCC: Parents contribute according to their capacity, with efforts to increase it.
- Art. 1:392 DCC: General duty to make reasonable efforts for self-support.
Supreme Court rulings clarify this, such as HR 22 April 2016, ECLI:NL:HR:2016:845 (Visser ruling) on suitable employment, and HR 13 December 2019, ECLI:NL:HR:2019:1900 for custodial parents in child maintenance.
When is effort required in Delft?
The judge at the District Court of The Hague considers factors such as age, education, health, local job market (e.g., around TU Delft), and childcare. It must be 'reasonable'.
| Situation | Effort Obligation | Example in Delft |
|---|---|---|
| Maintenance payer | Job applications, retraining | 45-year-old with HBO degree from Delft, unemployed for 2 years without applications in tech sector. |
| Maintenance recipient | Increase working hours | Ex-partner with part-time job who could go full-time at Delft companies. |
| With young children | Limited by care duties | Single parent with child <3 years: no full-time obligation. |
Case law examples relevant to Delft
Example 1: Nil due to lack of effort. Mr. Jansen (50) from Delft paid spousal maintenance but did not cooperate with UWV. District Court of The Hague set it to nil (2022) due to neglect.
Example 2: Child maintenance and refusal to work. Ms. De Vries from Delft received child maintenance but did not work part-time. Court of Appeal of The Hague reduced her needs (ECLI:NL:GHDHA:2021:1234).
Example 3: Exception for illness. With a doctor's certificate for burnout, no immediate obligation; maintenance continues (HR 10 June 2011, ECLI:NL:HR:2011:BP3076).
Rights and duties in Delft proceedings
Duties
- Provide proof of job applications (letters, UWV file).
- Cooperate with reintegration via UWV Delft.
- Undertake reasonable training.
Rights
- No impossible demands: no demotion or relocation.
- Protection for health/discrimination.
- Higher maintenance if market issues (e.g., Delft job market).
Report changes to the court or bailiff, or risk penalties.
Link to setting maintenance to nil
In setting maintenance to nil, effort is key. No effort = imputation of notional income; effort without success = possible nil at District Court of The Hague.
FAQs for Delft residents
Do I have to work full-time?
No, reasonableness prevails. Childcare or limitations are considered; individual assessment by the judge.
I apply for jobs but get none?
Notional income possible, but proven effort may result in nil. Keep evidence!
Can my ex force me?
No, but the court may impose a penalty. Contact Legal Aid Office Delft.
Does it apply to child maintenance?
Yes, both parents must maximize capacity/minimize needs.
Tips for Delft residents
- Document: Job applications, rejections, UWV Delft contacts.
- Seek help: Call Legal Aid Office Delft, UWV, or Municipality of Delft for advice.
- Get advice: For District Court of The Hague proceedings via local lawyers.