What to do if alimony is not being paid in the Netherlands
When the Dutch court determines that one person must pay alimony to another – whether child support or partner alimony – this decision is binding. Yet, in practice, it is not uncommon for alimony payments to be delayed, underpaid, or not paid at all. If you find yourself in this situation, there are clear steps you can take to enforce your rights.
Alimony increases every year by law
In the Netherlands, alimony payments are automatically indexed each year. This means the amount increases slightly every January, based on a percentage determined annually by the Dutch government. The reason behind this is simple: the cost of living tends to rise, and so do average wages. Indexation ensures that alimony retains its value over time.
If the paying party fails to apply the indexation, this is also considered non-compliance with the court decision.
Step 1: Send a payment reminder
If your ex-partner fails to pay the alimony or does not apply the yearly indexation, the first step is to send a written reminder. This can be a polite letter or email requesting payment of the outstanding amount. It is strongly advised to send the reminder:
- By registered mail and normal post
- By regular email and registered email, if possible
This helps to ensure there is written proof of your efforts and can later be useful if you need to take legal steps.
Step 2: Check your starting point
What to do next depends on how the alimony was originally arranged:
a) If the amount is only in a contract (e.g. a parental agreement)
In this case, the agreement is not directly enforceable. You will need to go to court first and ask for a formal judgment confirming the alimony obligation. Once you have a court decision, it can be enforced by a bailiff (deurwaarder).
b) If you already have a court judgment
Not all judgments are automatically enforceable. To proceed, the exact alimony amount must be stated clearly in the final part of the court decision, also known as the dictum. This section is usually found under the heading “Beslissing”.
If the amount is only mentioned in an attached agreement (like a parenting plan or divorce agreement), but not repeated in the dictum itself, a bailiff cannot act upon it. In that case, you will need to go back to court to request a new judgment that includes the exact figures in the dictum.
Step 3: Enforce the judgment through a bailiff
If you have a valid and enforceable judgment, you can proceed to collect the alimony through a bailiff. In the Netherlands, there are two types of bailiffs who can do this:
- LBIO (Landelijk Bureau Inning Onderhoudsbijdragen) – a government agency that collects child and partner alimony for free under certain conditions.
- Private bailiffs – these work independently and charge fees for their services.
The differences between the LBIO and private bailiffs are explained in detail in a separate article.
Important to know: claim unpaid alimony within 5 years
You can still claim alimony payments that were missed up to five years ago, even if you took no action during that time. However, if you do nothing for longer than five years, your right to collect the older amounts expires.
If you send reminders or request payments in the meantime, the five-year period starts again from the last proven attempt. That’s why it’s crucial to always keep evidence of any communication regarding missed alimony payments.
Final note
The safest way to claim unpaid alimony is to hire a bailiff. If you’re unsure what your options are, or if you’re facing difficulties enforcing alimony payments, consider reaching out to a legal professional for tailored advice.
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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