I have to pay maintenance
According to law, you and your (ex) partner are jointly responsible for caring for and raising your children. You are obliged to fulfil this duty, according to Dutch law, until your children reach the age of 21. You are also obliged to care for your partner. In the same way he or she is obliged to care for you. An expensive matter. It is therefore necessary that you and your partner make financial arrangements in the event of a separation. A monthly amount is determined in court for the child and/or ex-partner. We refer to the amount for the child as child maintenance. In the case of the ex-partner, we call it partner maintenance. Together with your partner, you should come to an arrangement concerning these payments.
In practice, however, it appears that these arrangements do not work in some cases. In this section of the website, you can read more about international maintenance and the services the LBIO can perform if payment arrangements are not working.
What happens if your ex-partner involves a foreign support and maintenance agency in a convention country?
Step 1: We process the request from this convention partner
We then request you to make an arrangement for the payment of maintenance. If this doesn't work? Legal proceedings can be instigated.
Step 2: We receive your payment and transfer the amount to the foreign agency
What international agreements exist?
International agreements have been set up to deal with problems recovering maintenance payments abroad. These are listed below.
The Convention of New York
International agreements concerning the collection of child maintenance and partner maintenance have been laid down in conventions including the Convention of New York in 1956. In countries affiliated with the Convention of New York, one or more agencies have been charged with implementing the agreements in the Convention. In the Netherlands, this agency is the LBIO.
Who can claim under the Convention of New York?
Any person living in a country that is affiliated with the Convention of New York and who is experiencing problems recovering maintenance abroad can claim under the terms of the Convention. The Convention covers both child maintenance and partner maintenance.
The Convention with the United States of America
On 1 May 2002 an Agreement came into force between the Netherlands and the United States of America with regard to the enforcement of the obligation to provide support and maintenance (Bulletin of Treaties 2001, 117 and 134).
This applies to the Netherlands, but not to the Netherlands Antilles and Aruba. It also applies to the fifty states in America, American Samoa, the District Columbia, Guam, Porto Rico and the Virgin Islands.
The Convention primarily concerns child maintenance. Policy with regard to the recovery of partner maintenance, whether in combination with child maintenance or not, can vary per state.
Which countries are affiliated?
In alphabetical order:
Algeria, Argentina, Australia, Austria, Barbados, Belarus, Belgium, Bosnia-Herzegovina, Brazil, Burkina Faso, Cape Verde, Central African Republic, Chezc Republic, Chile, Columbia, Croatia, Cyprus, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Guatemala, Haiti, Hungary, Ireland, Israel, Italy, Kazakhstan, Kyrgyzstan, Liberia, Luxemburg, Macedonia, Mexico, Monaco, Morocco, Netherlands, New Zealand, Nigeria, Norway, Pakistan, Philippines, Poland, Portugal, Republic of Moldova, Romania, Serbia and Montenegro, The Seychelles, Slovakia, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan-China, Tunisia, Turkey, United Kingdom, Uruguay, Vatican Cit
What role does the LBIO play in the recovery of maintenance abroad?
If your ex-partner does not live in the Netherlands and is entitled to maintenance, he or she can request the corresponding administrative authority in that convention country to mediate in the recovery of maintenance in the Netherlands. The foreign authority will then contact the LBIO. If necessary we will instigate legal proceedings. Vice versa, the LBIO can request one of the collaborating convention partners to recover maintenance abroad.