Key Benefits:
Completion of free process
Under section 325, paragraph 1. 2, section 326 and 330 in the law of the court's care, cf. Law Order no. 1069 of 6. November 2008 :
§ 1. In the case of decisions on the free process, the sum of the sum of
1) Personal income according to section 3 of the person tax and
2) the " capital income " of section 4 of the stock income of section 4 (a) and CFC income, as of section 4 b of the person tax and CFC income.
Paragraph 2. By calculations in accordance with paragraph 1 1 shall apply the income that is shown in the annual tax return for the previous calendar year. If the sum of the capital income, the share income and the CFC income is negative, dismiss from it. In the case of collectively, this shall be valid only if the pair of the pair has a negative income of the species listed.
Paragraph 3. The free process of the section 327 and 328 shall be granted if the applicant ' s income base is set up in accordance with paragraph 1. One is $264,000. or less. If the applicant is alive in a relationship of life, the free process may be granted if the sum of the revenue base of the pair is 336,000 kr. or less. However, if the party has the opposite interests in the case, the applicant ' s own income basis and the income limit are applied to the single person.
Paragraph 4. The amounts referred to in paragraph 1. 3 shall be increased by 46,000 kr. for each child, including stepchildren and foster children, under the age of 18, who either live with the claimant or, to a large extent, be taken care of by this.
§ 2. Deviates the current income of the applicant in accordance with the information available, significantly from what is laid down for the calculation of the revenue base in accordance with section 1 (2). 1, shall be added to the corresponding current income conditions. The same shall apply where there is no revenue basis for the applicant.
§ 3. If the applicant is less than 18, account may also be taken of the economic circumstances of the parent.
§ 4. The applicant shall attach annual tax return to the tax authorities for 2007. The application in December 2009 will also be attached to the annual tax return for 2008. If the applicant is alive in a relationship of cooperation, the same annual tax return shall also be attached. However, this does not apply if the party has the opposite interests in the case.
Paragraph 2. The applicant shall state the number of children, including stepchildren and foster children under the age of 18, who either live with the claimant or predominate the number of children of this kind.
Paragraph 3. The applicant shall indicate whether there is any legal expenses insurance or other insurance covering the costs of the case.
Paragraph 4. The Civil Service Management Board may instrument the applicant to provide additional information for the purposes of the proceedings.
§ 5. The announcement shall enter into force on 1. January, 2009.
Paragraph 2. The notice shall apply to applications processed on 1. In January 2009 or later, unless the proceedings for which a free process is requested have been completed before this date.
Paragraph 3. Publication no. 1468 of 12. In December 2007 on the free process is repealed. However, the decision shall continue to apply to applications for free process in legal proceedings pending before 1. January, 2009.
