Duty to Make Efforts in Maintenance Cases in Rotterdam
The effort obligation in maintenance cases requires both the paying and receiving parties in Rotterdam to take reasonable steps to support themselves. This principle ensures that no one in the region deliberately remains unemployed to avoid or prolong maintenance payments. For Rotterdam residents, this is crucial in family law proceedings at the District Court of Rotterdam to determine fair capacity to pay.
What does the effort obligation entail?
The effort obligation is based on the principle of self-sufficiency. In maintenance cases in Rotterdam, parties must proactively seek work, retrain, or reintegrate if they cannot fully meet their own needs. This builds capacity to pay for the obligated party while reducing dependency for the entitled party, particularly relevant on the Rotterdam job market with its port and logistics jobs.
This plays a major role in spousal and child maintenance. Failure to make efforts may lead the District Court of Rotterdam to adjust maintenance, such as through a nil assessment.
Legal basis
The foundation is found in Civil Code Book 1:
- Art. 1:404(2) CC: The maintenance obligor is given the opportunity for self-support if reasonably expected.
- Art. 1:407 CC: Parents contribute according to capacity, with efforts to increase it.
- Art. 1:392 CC: General requirement of reasonable efforts for self-support.
The Supreme Court clarified this in cases such as HR 22 April 2016, ECLI:NL:HR:2016:845 ("Visser ruling"), emphasizing the search for suitable employment. For child maintenance, it also applies to the custodial parent (HR 13 December 2019, ECLI:NL:HR:2019:1900).
When is effort required?
The judge at the District Court of Rotterdam weighs factors such as age, education, health, local job market, and childcare. In Rotterdam, factors like port or industrial work are considered.
| Situation | Effort Obligation | Rotterdam Example |
|---|---|---|
| Maintenance Obligor | Apply for jobs, retrain | 45-year-old college graduate from Rotterdam-South, unemployed for 2 years without registering with UWV Rotterdam. |
| Maintenance Entitled Party | Seek own income | Ex with part-time job in Kralingen who could take full-time port work. |
| With young children | Limited due to care | Single parent in Charlois with child <3 years: no full-time requirement. |
Case Law Examples from Rotterdam
Example 1: Nil due to lack of effort. Mr. Jansen (50) from Rotterdam-West pays spousal maintenance but does not apply for jobs and ignores UWV Rotterdam. District Court of Rotterdam (2022) sets it to nil.
Example 2: Child maintenance and refusal to work. Ms. De Vries receives child maintenance but does not work, despite part-time options in the area. The court adjusts the need due to neglect (Court of Appeal of The Hague, ECLI:NL:GHDHA:2021:1234, relevant for Rotterdam).
Example 3: Illness exception. With burnout and medical certificate, no immediate obligation; maintenance continues (HR 10 June 2011, ECLI:NL:HR:2011:BP3076).
Rights and Obligations
Obligations
- Proof of job applications (letters, UWV Rotterdam file).
- Cooperate in reintegration via UWV or occupational health service.
- Undertake reasonable training.
Rights
- No impossible demands: demotion or relocation outside Rotterdam not required.
- Protection for health or discrimination issues.
- Higher maintenance if efforts fail due to market conditions (e.g., Rotterdam recession).
Report changes to the court or bailiff, or risk penalties.
Link to Nil Assessment
In requests for nil assessment of maintenance at the District Court of Rotterdam, effort is key: without it, imputed income; with effort, nil may be possible.
Frequently Asked Questions
Must I work full-time in Rotterdam?
No, reasonableness prevails. Lighter with children or limitations. District Court of Rotterdam reviews your case.
What if I apply but get no job?
Imputed income possible, but prove efforts for temporary nil. Document via UWV Rotterdam!
Can my ex force me?
No, but court may impose penalty payments. Call Legal Aid Office Rotterdam.
Applies to child maintenance?
Yes, both parents maximize capacity and minimize need.
Tips for Rotterdam Residents
- Document: Job applications, rejections, UWV Rotterdam contacts.
- Seek help: Legal Aid Office Rotterdam, UWV Work Agency Rotterdam, Municipality of Rotterdam for benefits or training.
- Consult a lawyer for District Court of Rotterdam proceedings.