Engaging LBIO: Step-by-Step Guide to Securing Maintenance Rights for Tilburg Residents
The LBIO (National Bureau for the Collection of Maintenance Contributions), part of the CJIB, assists Tilburg residents in collecting child or spousal maintenance when the ex-partner fails to pay. Especially in the Midden-Brabant region, where divorces often involve financial strain, the LBIO offers professional support. This article explains how Tilburg residents can effectively engage the LBIO, including local tips and legal guidelines.
What Does the LBIO Do and When to Engage It as a Tilburg Resident?
The LBIO collects maintenance on your behalf as the entitled party, such as a parent in Tilburg with primary child custody. Engage them in cases of non-compliance with a judgment from the District Court of Zeeland-West-Brabant in Breda or a settlement agreement. In the Netherlands, maintenance is mandatory, but around 20% of cases require enforcement, according to CJIB data – highly relevant for many divorces in Tilburg.
Legal Basis for Engaging the LBIO
The LBIO Act of 21 April 2005 governs the powers through an enforcement request. Child maintenance is covered by Civil Code arts. 1:404-1:407, spousal maintenance by art. 1:157 Civil Code. Enforcement follows art. 430 Code of Civil Procedure, with options such as wage garnishment or bank attachment. For Tilburg residents: first consult the Juridisch Loket Tilburg for free advice.
Procedure for Engaging the LBIO as a Tilburg Resident
Follow these steps to engage the LBIO. Start with assistance from the Juridisch Loket Tilburg (Stationsstraat 49) to review your file.
- Gather documents: Court judgment from the District Court of Zeeland-West-Brabant or notarized settlement agreement specifying the maintenance amount.
- Submit request: Online or by mail to the LBIO, including details about yourself, the debtor, and proof of non-payment such as bank statements.
- Await assessment: Review within weeks; if approved, they contact the paying party.
- Start collection: If payment is not forthcoming, garnishment follows; you receive the amount minus 5-10% costs.
- Track status: Via the LBIO portal or report changes to the Municipality of Tilburg for additional support.
The process takes 3-6 months. In urgent cases, you can request interim relief from the District Court of Zeeland-West-Brabant.
Examples of LBIO Assistance for Tilburg Residents
A single parent from Tilburg-Noord stops receiving €450 in child maintenance. After applying, the LBIO garnishes wages at a local employer, collecting €1,350 in arrears within two months.
Or: An ex-partner from Tilburg-Zuid fails to pay €550 in spousal maintenance. The LBIO attaches the savings account; funds are transferred directly. Without the LBIO, a bailiff would cost more, especially amid local emotions surrounding divorces.
Rights and Obligations When Using LBIO as a Tilburg Resident
Recipients are entitled to prompt collection and updates. Provide accurate information and report address changes to the Municipality of Tilburg. Payers must pay but can object to the court. Both parties: appeal possible.
| Aspect | Recipient Rights | Payer Obligations |
|---|---|---|
| Payment | Receipt within 30 days | Pay immediately without delay |
| Garnishment | Protection from excessive costs | Do not conceal assets |
| Objection | Legal aid via Juridisch Loket | Motivate objection within 6 weeks |
Frequently Asked Questions for Tilburg
Can I use LBIO without a judgment from the District Court of Zeeland-West-Brabant?
No, a judgment or settlement agreement is required. First go to the Juridisch Loket Tilburg for determination.
How quickly do I get money after engaging LBIO?
First collection in 1-3 months; arrears prioritized. Urgent cases: interim relief at Breda District Court.