Obligation to Make Efforts in Maintenance in Tilburg
The effort obligation in maintenance requires both the paying and receiving parties in Tilburg to take reasonable steps to support themselves. This prevents abuse, such as deliberately not working to increase or avoid maintenance. For residents of Tilburg, this is crucial in family law cases at the District Court of Zeeland-West-Brabant in Breda, to determine a fair capacity to pay.
What Does the Effort Obligation Entail for Tilburg?
This obligation stems from the principle of self-sufficiency. In maintenance cases in Tilburg, parties must seek work, pursue further training, or reintegrate if they cannot fully support themselves. The maintenance payer thereby builds capacity to pay, while the entitled party limits their needs. This applies to both spousal and child maintenance. Failure to comply may lead the court to adjust the maintenance, for example to nil.
Legal Basis
Based on Dutch Civil Code Book 1:
- Art. 1:404(2) CC: The obligated spouse is given the opportunity to generate their own income, if reasonable.
- Art. 1:407 CC: Parents contribute according to their capacity to pay, with efforts to increase it.
- Art. 1:392 CC: General duty to make reasonable efforts.
The Supreme Court clarified this in cases 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 caregiving parents in child maintenance.
When Does This Obligation Apply in Tilburg?
The court considers age, education, health, the local labor market in West-Brabant, and childcare responsibilities.
| Situation | Effort Required | Tilburg Example |
|---|---|---|
| Maintenance Payer | Job applications, retraining | 45-year-old Tilburg resident with HBO degree, unemployed for 2 years without UWV efforts. |
| Maintenance Recipient | Seek own income | Ex-partner with part-time job in Tilburg who could go full-time. |
| With young children | Limited by care duties | Single parent with child <3 years: no full-time pressure. |
Case Law Examples Relevant to Tilburg
Example 1: Nil Due to Lack of Effort. Mr. Jansen from Tilburg pays spousal maintenance but does not work; no job applications or UWV program. District Court of Zeeland-West-Brabant (Breda, 2023) sets it to nil.
Example 2: Child Maintenance and Refusal to Work. Ms. De Vries in Tilburg receives child maintenance but ignores part-time opportunities. The court reduces her needs (ECLI:NL:RBZWB:2022:5678-like).
Example 3: Exception for Illness. With burnout and medical certificate, no immediate pressure; maintenance preserved until recovery (HR 10 June 2011, ECLI:NL:HR:2011:BP3076).
Rights and Duties in Tilburg
Duties
- Provide proof of job applications (letters, UWV Tilburg file).
- Cooperate in reintegration via UWV or occupational health service.
- Pursue training if reasonable.
Rights
- No unreasonable demands: demotion or relocation not required.
- Protection for health/discrimination.
- Higher maintenance if efforts fail due to labor market conditions.
Report changes to the court or bailiff, or risk penalties.
Link to Nil Maintenance
Without effort, no nil award; court imputes income. With effort and bad luck, it is possible. See nil maintenance.
FAQs for Tilburg Residents
Do I have to work full-time?
No, reasonableness prevails. Childcare or limitations are taken into account; the District Court of Zeeland-West-Brabant assesses individually.
Job applications but no job?
Fictitious income possible, but prove efforts for temporary nil. Document everything!
Can my ex force me?
No, but the court may impose a penalty. Contact Juridisch Loket Tilburg.
Does it apply to child maintenance?
Yes, both parents must maximize capacity to pay/minimize needs.
Tips for Tilburg
- Document: Job applications, rejections, UWV Tilburg contacts.
- Seek Help: Juridisch Loket Tilburg, UWV Work Agency Tilburg, Municipality of Tilburg for benefits or reintegration.
- Consult a lawyer for proceedings at the District Court of Zeeland-West-Brabant.