Notice On Collection Of Alimony

Original Language Title: Bekendtgørelse om opkrævning af underholdsbidrag

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=122674

Overview (table of contents) Chapter 1 the scope of the Executive order

Chapter 2 Central Authority

Chapter 3 Charging on the basis of Danish decisions about child support and spousal support

Chapter 4 Charging on the basis of decisions relating to maintenance obligations covered by the Nordic recovery Convention

Chapter 5 Charging on the basis of decisions relating to maintenance obligations covered by the Hague conventions

Chapter 6 the collection of maintenance payments in accordance with the UN Convention

Chapter 7 Complaints, etc.

Chapter 8 entry into force provisions, etc., The full text of the Ordinance on the collection of maintenance payments

Under section 1, paragraph 2, and section 23 (b), 1. and 2. paragraph, of the law on the recovery of maintenance claims, see. lovbekendtgørelse nr. 946 by 10. October 2005, as amended by section 13 of the Act No. 1336 of 19. December 2008, shall be determined in consultation with the tax Minister:

Chapter 1

Executive order scope

§ 1. This Ordinance shall apply to the collection on the basis of Danish decisions about contributions to children's welfare etc. in accordance with the law on child support (child support) and the contribution to the maintenance of current or former spouse, including the registered partner, according to the law on marriage and the law concerning the conclusion and dissolution of marriage (spousal).

(2). The notice also applies to charging on the basis of decisions relating to maintenance obligations, which are covered by:





1) Convention of 23. March 1962 between Denmark, Finland, Iceland, Norway and Sweden on the recovery of maintenance payments (the Nordic recovery Convention) 1).

2) Hague Convention of 2 October. October 1973 on the recognition and enforcement of decisions relating to maintenance obligations (Hague Convention of 1973) 2).

3) Hague Convention of 15. April 1958 on the recognition and enforcement of decisions relating to maintenance obligations towards children (the Hague Convention of 1958) 3).

4) The Convention adopted by the United Nations of 20. June 1956 on the recovery of maintenance abroad (UN Convention) 4).





(3). By voting in this Ordinance means also agreements covered in paragraph 1-2 referred to laws and conventions.

§ 2. The notice shall apply, if





1) contribution recipient living or staying in Denmark,

2) contribution payer resident or staying in Denmark,

3) contribution payer has assets in Denmark, which could be subject to lien in order under section 11 of the law on the recovery of debt to the public, or

4) contribution payer from an employer, etc. in Denmark receives wages, etc., which could be subject to withholding under section 10 of the law on the recovery of debt to the public.





Chapter 2

Central Authority

§ 3. Department of Family Affairs is the central authority in relation to the Conventions covered by article 1, paragraph 2.

Chapter 3

Charging on the basis of Danish decisions about child support and spousal support

§ 4. Request for collection on the basis of a Danish decision about child support or spousal maintenance shall be submitted to the municipality where the beneficiary resides or stays.

(2). Living or staying contribution recipient not here in the country, submitted the request to the municipality where the contribution payer living or staying.

(3). Neither the contribution recipient or defined-contribution payer residence or stay here in the country, submitted the request to the municipality where the maintenance payer has assets, see. § 2, nr. 3, or where the man's employer contributions, etc. has its head office, see. § 2, nr. 4.

§ 5. The municipality where the contribution payer resides or stays, collects the claim and takes a position on the objections about the claim and the transfer of it to the arrears collection authority, see. law on the recovery of debt to the public.

(2). The contribution payer has neither domicile or stay here in the country, carried out the collection, etc., see. paragraph 1, of the municipality in which the contribution recipient resides or stays.

(3). Neither the contribution recipient or defined-contribution payer residence or stay here in the country, carried out the collection, etc., see. (1) by the municipality receiving the request under section 4 (3).

(4). The provisions of paragraphs 1 to 3 shall not prevent the levying, etc., see. paragraph 1 shall be carried out by another municipality.

Chapter 4

Charging on the basis of decisions relating to maintenance obligations covered by the Nordic recovery Convention

§ 6. The Nordic recovery Convention applies here in the country.

§ 7. Request for collection on the basis of a decision on maintenance obligations covered by the Nordic recovery Convention submitted to the arrears collection authority, who charge and shall recover the claim, without prejudice. law on the recovery of debt to the public. However, this does not apply to a decision that is the subject of Chapter 3.

§ 8. Objections on the amount receivable is processed by the State administration of southern Denmark.

Chapter 5

Charging on the basis of decisions relating to maintenance obligations covered by the Hague conventions

§ 9. The Hague Convention of 1973 and the Hague Convention of 1958 shall apply in this country.

§ 10. Request for collection on the basis of a decision relating to maintenance obligations covered by the Hague Convention of 1973 or the Hague Convention of 1958 shall be submitted to the State administration of southern Denmark. However, this does not apply to a decision that is the subject of Chapter 3-4.

(2). Should a possible recovery is carried out in Denmark, submitted the request for collection of arrears collection authority.

§ 11. The State administration for taking a position on whether a decision subject to section 10, paragraph 1, of the Convention meets the conditions for recognition and enforcement in Denmark. The State Administration also takes a position on the objections about the claim.

(2). Are the conditions referred to in paragraph 1 are met, transferred the claim for arrears collection authority, who charge and recover the, see. law on the recovery of debt to the public.

Chapter 6

The collection of maintenance payments in accordance with the UN Convention

§ 12. The UN Convention applies here in the country.

§ 13. Request for collection of maintenance payments in accordance with the UN Convention is submitted to the State administration, which after the Executive order on the treatment of cases involving child support and alimony (maintenance order) must deal with a possible case fixing the contributions. However, this does not apply to a decision that is the subject of Chapter 3-5.

§ 14. The State administration shall collect the amount receivable at the contribution payer.

(2). If the maintenance payer will not pay the claim shall be deemed to be a request for the collection of the claim as a request for determination of contributions in accordance with Danish law. This request is handled by the State administration, which collected the claim, without prejudice. (1). The State administration may, however, provide that it shall be dealt with by another State administration, if this is appropriate.

§ 15. Establishes the State administration contributions pursuant to section 14, paragraph 2, shall transfer the case to the State administration for the municipality as a request for collection on the basis of this decision, see. § 4.

Chapter 7

Complaint, etc.

§ 16. Complaint against municipal decisions pursuant to section 5 are dealt with by the social Board of the basic regulation. section 23 (a), paragraph 1.

§ 17. Complaint against the State Administration's decisions in accordance with sections 8, 11 and 14 shall be dealt with by the Department of family affairs. The complaint shall be submitted to the State administration, which has taken the decision. The State administration shall forward the complaint and the documents in the case to the Department of family affairs.

§ 18. The State administration may resume the examination of an application lodged against this decision, if





1) complaint contains an application which State Administration has not taken a position,

2) complaint contains significant new information,

3) there is significant information, such as the State Administration has not taken a position, or

4) committed procedural errors that may have a bearing on the decision.





(2). The complainant may appeal the State Administration's decision to reopen the case to the Department of family affairs.

Chapter 8

Entry-into-force provisions, etc.

§ 19. The notice shall enter into force on the 1. January 2009.

(2). Executive Order No. 1286 of 8. December 2006 on the collection and recovery of child support and spousal support in Denmark is hereby repealed.

§ 20. The Ordinance shall not apply to the Faroe Islands and Greenland.
The Ministry of Justice, the 19. December 2008 Brian M/Danty Official notes 1) Bekendtgørelse nr. 21 of 29. July 1963, Official Gazette (C).

2) Bekendtgørelse nr. 15 of 22. February 1988, Official Gazette (C).

3) Bekendtgørelse nr. 26 of 1. April 1966, Official Gazette (C).

4) Bekendtgørelse nr. 49 of 24. August 1962, Bundesgesetzblatt (C).