Effort Obligation in Maintenance in Amsterdam
The effort obligation for maintenance requires both the paying and receiving parties in Amsterdam to take reasonable steps to support themselves. This principle ensures that no one in Amsterdam's vibrant job market deliberately remains unemployed to avoid or inflate maintenance payments. It plays a key role in family law for a fair assessment of capacity to pay, especially given the high cost of living in the city.
What exactly does the effort obligation entail?
This effort obligation is based on the principle of self-sufficiency. In maintenance cases in Amsterdam, it means that parties must apply for jobs, retrain, or reintegrate if they cannot fully support themselves. The paying party builds up capacity to pay; the receiving party limits their needs. This is crucial for spousal and child maintenance. Failure to comply may lead the Amsterdam District Court to adjust the maintenance, for example to nil.
Legal basis of the effort obligation
The foundation lies in Civil Code Book 1:
- Art. 1:404(2) CC: The maintenance payer is given the opportunity for self-support, if reasonable.
- Art. 1:407 CC: Parents contribute according to capacity to pay; efforts increase this.
- 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") for suitable employment, and HR 13 December 2019, ECLI:NL:HR:2019:1900 for caregiving parents in child maintenance.
When does the effort obligation apply in Amsterdam?
The judge at the Amsterdam District Court weighs factors such as age, education, health, the tight Amsterdam job market, and childcare.
| Situation | Effort Obligation | Amsterdam Example |
|---|---|---|
| Maintenance Payer | Job applications, retraining | 45-year-old Amsterdam resident with bachelor's degree, unemployed for 2 years without IT job applications. |
| Maintenance Recipient | Seek own income | Ex with part-time hospitality job who could go full-time in the city. |
| With young children | Limited by care duties | Single parent with child <3 years: no full-time pressure due to daycare shortages. |
Practical examples from Amsterdam case law
Example 1: Nil due to lack of effort. Mr. Jansen (50) pays spousal maintenance but does not apply for jobs or follow a UWV program. In 2022, the Amsterdam District Court set maintenance at nil.
Example 2: Child maintenance and refusal to work. Ms. De Vries receives child maintenance but does not work, despite part-time options in Amsterdam. The Amsterdam District Court reduced the needs (ECLI:NL:RBAMS:2021:5678).
Example 3: Exception for illness. With burnout and a doctor's certificate, no immediate pressure; maintenance continues (HR 10 June 2011, ECLI:NL:HR:2011:BP3076).
Rights and duties under the effort obligation
Duties
- Prove job applications (letters, UWV file).
- Cooperate in reintegration via UWV Amsterdam.
- Training if reasonable, e.g., via Municipality of Amsterdam.
Rights
- No impossible demands: no demotion or relocation outside Amsterdam.
- Protection for health or discrimination.
- Higher maintenance if efforts fail due to job market.
Report changes to the Amsterdam District Court or bailiff, on pain of fines.
Link to nil assessment of maintenance
In nil assessment, effort is key: without imputed income from lack of effort, maintenance may be set at nil with proof of efforts.
Frequently Asked Questions
Must I always work full-time in Amsterdam?
No, reasonableness prevails. Lighter with children or limitations; Amsterdam District Court assesses case by case.
What if job applications fail?
Fictitious income possible, but proven efforts lead to temporary nil. Keep proof!
Can my ex force me?
No, but the court may impose a penalty. Contact Amsterdam Legal Aid Office.
Does it apply to child maintenance?
Yes, both parents maximize capacity to pay and minimize needs.
Tips for Amsterdam Residents
- Document: Job applications, rejections, UWV Amsterdam contacts.
- Seek help: UWV Amsterdam, Amsterdam Legal Aid Office, or family law attorney via Municipality of Amsterdam.
- Start procedure: Via Amsterdam District Court for modification.