Collecting alimony in the Netherlands: should you use the LBIO or a bailiff?
When alimony payments stop coming in, it can be stressful and financially disruptive. Fortunately, there are two main options for enforcing alimony payments in the Netherlands: through the LBIO (Landelijk Bureau Inning Onderhoudsbijdragen) or with the help of a private bailiff (deurwaarder). Each option has its own advantages and disadvantages, depending on your specific situation.
This article outlines the key differences to help you make an informed decision.
Enforcing alimony through the LBIO
The LBIO is a government organisation responsible for collecting unpaid alimony on behalf of individuals. If your ex-partner fails to pay court-ordered child or partner alimony, you may ask the LBIO to step in.
Pros of using the LBIO:
- Free of charge: The LBIO does not charge you for their services when acting under Dutch law or international treaties.
- Government authority: The LBIO can request information from employers, tax authorities and other government bodies. They can initiate wage garnishment or intercept tax refunds.
- Simplified international cases: The LBIO cooperates with foreign authorities under international treaties to recover alimony from abroad.
Cons of using the LBIO:
- Limited retroactive collection: The LBIO can only collect unpaid alimony going back six months prior to your request. For older debts, you’ll need to take separate legal steps.
- Delays due to mediation: The LBIO first gives the debtor a chance to pay voluntarily, which can slow the process.
- Less control: You have limited influence over how fast things move and which measures are taken.
Enforcing alimony through a private bailiff
A private bailiff is an independent professional who can enforce court judgments, including unpaid alimony. You must pay for their services, but they often work quickly and directly.
Pros of using a private bailiff:
- Immediate enforcement: Bailiffs can begin enforcement actions such as salary garnishment or asset seizure right away – without a mediation phase.
- Retroactive claims possible: Bailiffs can assist in collecting alimony debts going back up to five years, if you have proof of the claim and a valid judgment.
- Customised support: You can discuss strategy and timelines directly with your bailiff.
Cons of using a private bailiff:
- Upfront costs: You’ll usually need to pay for the bailiff’s services in advance. In some cases, these costs can be recovered from the debtor, but not always.
- Financial risk: If the debtor has no income or assets to seize, you may end up covering the costs yourself.
- No support for international cooperation: If your ex-partner lives abroad, a private bailiff may have limited options unless paired with international legal support.
When to choose the LBIO
- You want a free and official route to collect recent unpaid alimony
- The unpaid amount is no older than six months
- Your ex lives abroad, and the LBIO can coordinate with foreign authorities
- You prefer the government to handle communication and enforcement on your behalf
When to choose a private bailiff
- You need immediate action and can’t wait for mediation
- The unpaid alimony goes back further than six months
- You want more personal control over the process
- You are willing to invest in professional support to recover what you’re owed
Final note
Choosing between the LBIO and a private bailiff depends on your priorities – whether that’s speed, cost, or the age of the debt. Both options can be effective, but the right choice depends on your personal situation.
If you’re unsure which route suits you best, or if your case involves international elements, a consultation with a legal professional can help clarify your options and increase your chances of success.
Disclaimer: The information provided on this website is for general informational purposes only and is not legally binding. Although we strive for accuracy, the content may contain errors. If you notice any mistakes, please let us know by contacting us via the contact form located at the bottom of the page.
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