Can a municipality recover my child's or ex-partner's assistance from me?
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Detailed explanation, checklist and sources
It may do so if you fail to meet a maintenance duty. First ask which legal basis, period and calculation apply; recovery from a maintenance debtor differs from repayment of your own overpaid benefits.
On this page
1. Identify the demand
Distinguish your own overpaid assistance from a contribution for a child/ex. This guide concerns the latter, bijstandsverhaal. Note date, reference, period, amount, response date and court papers. Kinship or a former relationship alone does not prove the demanded amount. Ask for the maintenance basis and whether a maintenance judgment already exists.
Rijksoverheid · Verhaal op ouder ↗
2. Check maintenance for a child
Parents support children until 21: care/upbringing until 18, then living/study costs until 21. If you fail to do so and the child consequently receives supplementary general assistance, the municipality may recover all or part. Check age, needs, payments and ability to pay. A biological father may owe maintenance even without recognising the child; disputed parentage needs separate legal assessment, not an automatic exemption.
3. Check maintenance for an ex
For partner maintenance this means a former spouse or registered partner, not every former cohabitant. Need, your capacity and the applicable duration matter. Recovery cannot exceed what the maintenance duty and assistance provided permit. No agreed maintenance does not necessarily prevent recovery: the municipality may investigate the duty. Supply judgments, agreements, changes and payments.
4. Request the calculation
Request a breakdown of period, need, capacity, assistance paid and credit for maintenance already paid. Securely provide relevant requested income, expenses and family details and keep copies. Insufficient information may lead to an official estimate; Rotterdam explains recalculation once correct information is supplied. Identify errors and omitted payments specifically, but your own budget does not bind the municipality.
5. Use the correct legal route
Maintenance-based recovery does not follow the ordinary Awb objection route for your own benefits. Rotterdam's official explanation says no administrative objection lies against this maintenance contribution and the municipality asks a court to decide if disputed/unpaid. Respond in writing and request recalculation, but get the exact letter, any existing enforceable title and court deadlines checked immediately. Do not use our letter as a court defence or reason to stop paying without advice. An information request suspends nothing automatically.
6. Report changes and seek help
Report changed income, family or maintenance duties with evidence and request review from the correct date. Track payments to the municipality AND ex/child to avoid double counting; establish who validly receives payment. If payment is difficult, ask for a written arrangement without inadvertently admitting a disputed basis. Municipal advisers or legal help can check figures and procedure. Do not await our chat or referral when summoned to court.
Rijksoverheid · Verhaal op ouder ↗
Draft response to maintenance recovery
Use accurate facts and send yourself by the municipal route. This requests explanation/recalculation, not an administrative objection or court defence. It suspends no deadline or payment; have a suitable Dutch version checked.
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Can I simply object within six weeks?
Not automatically. Maintenance recovery differs from recovery of your own benefits. Identify the letter, respond promptly and get advice on civil proceedings or an existing maintenance order. Our response letter is not a substitute.
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Demand, legal basis and response date
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For each event, note the date, what happened and where the evidence is kept. Example: 3 October — letter received — correspondence folder.
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- Demand, legal basis and response date
- Child's age or marriage/registered partnership
- Judgment, agreement and maintenance duration
- Income, expenses, household and changes
- Payments and detailed calculation
- Correct response, court papers and help
Contact with a lawyer
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Need personal assistance? Request a lawyer through our chat. We explain the next step; submitting a request does not engage a lawyer. The links below support the legal information.
Rijksoverheid · Verhaal op ouder ↗Rijksoverheid · Verhaal op ex-partner ↗Gemeente Rotterdam · Onderhoudsplicht en verhaalsroute ↗Sources may be in Dutch. General information about Dutch law, not individual legal advice.