Ordinance To The Law On Child Maintenance Reprinted Definitive Series

Original Language Title: Bekendtgørelse af lov om børns forsørgelse Omtryk

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=127715

Overview (table of contents) Chapter 1 (repealed)

Chapter 2 of the child support

Chapter 3 contribution to the costs of childbirth, etc.

Chapter 4 miscellaneous provisions the full text announcement of law on child maintenance

Hereby promulgated the law on child maintenance, see. lovbekendtgørelse nr. 352 of 15. May 2003, with the changes imposed by section 7 of the Act No. 446 of 9. June 2004, section 24 of Act No. 430 of 6. June 2005, section 24 of Act No. 542 of 24. June 2005 and § 1 of lov nr. 349 of 6. May 2009.

Chapter 1

(Repealed)

Chapter 2

The child's welfare

§ 13. Parents are individually required to provide for the child. The child is to be cared for, educated and trained, taking into account the parents ' living conditions and the best interests of the child.

(2). Meet one of the parents not the obligation for child support, can the State Administration impose him to disentangle the contribution to the child's maintenance.

§ 14. The contribution shall be determined taking into account the best interests of the child and the parents ' economic conditions, including their ability to work. Both parents are indigent, determined contributed in General to the child's place of residence at any time in force normal contributions, see. section 14 of the Act on child allowances and advance payment of child support. The child is reared by a by dom established gender offence, the father's contribution will be employed in such a way that it covers all expenditure in the child's subsistence.

(2). The obligation to contribute shall terminate at the child turned 18. year. Furthermore, when the child terminates the obligation to contribute included marriage, unless the Government decides otherwise.

(3). Contribution to teaching or training may, however, be imposed until the child's age of 24. year.

(4). The contribution shall be made monthly in advance unless otherwise requested. Child abduction adoption or death shall not entail exemption from any part of the contribution for the relevant contribution period.

§ 15. Special contribution may be imposed in connection with the costs of the child's baptism, confirmation, illness and funeral or other special occasion.

(2). Contribution within the meaning of paragraph 1 may only be made where an application is made for the State administration within 3 months after the expenditure is holding, unless it is demonstrated that the existence of reasonable grounds for exceeding the time limit.

§ 16. The State administration may, at any time after the application change a contribution.

§ 17. Agreements about contributions to the child shall not prevent the adoption of another decision of the State administration, if the agreement is deemed manifestly unfair, or when the situation has changed significantly, or the agreement is contrary to the best interests of the child.

§ 18. Contributions made pursuant to this chapter is for the child.

(2). The right to require contributions provided for and to collect contribution has the one who shall bear the costs in the child's welfare, if the person concerned has or at the termination of the custodial parent had custody of the child or legally have the child in care. To the extent that the public shall bear the expenses for the child's support, is for the Court the relevant public authority or institution.

Chapter 3

Contribution to the costs of childbirth, etc.

§ 19. The State administration may require the father to untangle the contribution to the costs of the birth and the mother's support, 2 months before and one month after birth. In exceptional circumstances, in particular in the event of the mother's illness caused by the pregnancy or birth, contributions can be imposed for up to 4 months before and 9 months after giving birth. The contribution may be subject, notwithstanding that the child is stillborn.

(2). In addition, State Administration impose whosoever has or may have besvangret a woman to unravel the contribution to the special expenses caused by an abortion.

(3). Contribution under this paragraph (1) are due, if the child is born, immediately upon the determination of contributions and otherwise to the by the State administration for specified times. Contribution referred to in paragraph 2 fall due immediately.

(4). Contributions made pursuant to this chapter is for the mother or the public authority or institution which has incurred the expenditure concerned.

Chapter 4

Various provisions

§ 20. The State administration and the Minister of Justice may, for purposes of the examination of the cases relating to the establishment and modification of a contribution under this law may request a party about information related to their own conditions. If the party fails to provide the State administration or the Minister the information referred to in 1. paragraph, may be decided on the present basis.

§ 21. State Administration's decisions can be appealed to the Minister of Justice in accordance with this law.

(2). The complaint must be submitted within 1 year after the complainant has been informed of the decision. The Minister of Justice may, in exceptional cases, deal with a complaint, even if the complaint is lodged after expiry of the time limit referred to in 1. PT.

(3). The Minister may lay down rules concerning the complainant's treatment and on State administrations handling of cases involving child support including on application deadlines and start and change times.

(4). The State administration and the Minister of Justice may, for purposes of the examination of the cases relating to the establishment and modification of contribution after this law get terminal access to necessary financial information about a party with customs and tax administration, including in income the register.

§ 22. The law shall enter into force on the 1. January 1961. Shall be repealed with effect from the same date, cf. However, paragraphs 2 to 4, law No. 131 of 7. May 1937 on children outside marriage and law No. 132 of 7. May 1937 on real children.

(2). The provisions of the Cape. 1 and 3, with the exception of section 5 shall apply only with respect to children born after the entry into force of the Act. The provisions of § 5 shall apply also for children born before the Act's entry into force. The same applies to the provisions of Chapter 2, however, only with respect to contributions for the period after this time. The rules set out in sections 14 to 18 shall apply also where a single man under the previously applicable law is considered as contributory to the child. Agreements concluded before the entry into force of this Act are not covered by the provision in section 17.

(3). Contributions under section 14 (2), cf. section 22 (2) of law No. 131 of 7. May 1937 on children outside marriage are subject to more people to a child outside marriage, shall accrue to the State. Due to the child the normal contribution applicable at any time until it fills the 18 years or enters into marriage. Social agency may set contribution from the Treasury for the purposes referred to in the present article 14, paragraph 3, and § 15 (1). The right to receive normal contribution and to seek specific contributions have the, which shall bear the costs in the child's welfare, if the person concerned has or at the termination of the custodial parent had custody of the child or legally have the child in care. The contributions shall be paid by the Social Committee of the child's residence in the municipality. The contributions levied by the municipality of residence of the debtor and recovered by restanceindrivelsesmyndigheden after similar rules as for contributions paid in advance of the public according to law on family allowances and other family benefits. The State reimburses the costs for similar rules as for benefits in accordance with the law on family allowances and other family benefits. The powers and duties pursuant to lov nr. 131 of 7. May 1937 on children outside marriage are filed to the National Board for child and youth welfare, carried out by the Social Committee.

(4). The provisions of the existing legislation is applied in all cases where this law is not applied in accordance with paragraphs 2 and 3, as well as with respect to the circumstances referred to in section 26 of Act No. 131 of 7. May 1937 about children out of wedlock.

(5). Until 2 years after the entry into force of the Act may issue under section 5 be brought by the husband, although there has been more than 5 years from the birth of the child.

section 22 (a). The Government can enter into agreement with other States on the relationship between Danish and foreign legal rules on child support. The agreement applies in this country after the announcement in the Official Gazette.

(2). The Minister of Justice may also lay down rules about the relationship between Danish and other Nordic countries ' rules on child support.

§ 23. The law does not apply to the Faroe Islands and Greenland but may by Royal Decree is implemented in these regions with the variances, as the special Faroese and Greenlandic conditions warrant.




Act No. 446 of 9. June 2004 (Rule simplification in the family law area, etc.) 1) includes the following entry-into-force provisions:



§ 9

(1). The law shall enter into force on the 1. October 2004, see. However, sections 10 and 11.

Paragraphs 2 to 7. (Omitted)

§ 10

(Omitted)

§ 11

(1). § 2, nr. 12), and section 7, nr. 13), shall enter into force on the 1. April 2005.

(2). The Minister of Justice can decide that the rules laid down under section 58 (a), paragraph 2, of the law on marriage conclusion and resolution as added by this Act § 1, nr. 7, section 52 (a), paragraph 2, of the law on marriage as inserted by section 2 of this Act, no. 3, and article 21, paragraph 2, of the law on child maintenance as amended by this Act, § 7, nr. 3, also should apply to complaints about a maintenance decision has been submitted before the 1. April 2005.




Act No. 430 of 6. June 2005 (consequential amendments as a result of the law on the collection and recovery of certain claims — collection of recovery in the Danish Ministry of taxation) 4) includes the following entry-into-force provision:



section 70

(1). The law shall enter into force on the day after publication in the Official Gazette.

(2). The law shall take effect from the 1. November 2005, see. However, paragraph 3.


(3). Decisions about recovery in the 1. October 2005 the appeal was lodged to the existing administrative review bodies, released for treatment in the national tax Tribunal on 1. on January 1, 2006, if the existing review bodies has not finalised its complaint before this date.




Act No. 542 of 24. June 2005 (law on regional State Administration) 5 date of entry into force) contains the following provision:



§ 6

(1). The law shall enter into force on the 1. January 2007, see. However, paragraph 2.

(2). § 5 shall enter into force on the 1. July 2005.




Act No. 349 of 6. May 2009 (Terminal access to financial information, the complaint period, etc.) 6) includes the following entry-into-force provision:



§ 5

(1). The law shall enter into force on the 1. October 2009, see. However, paragraph 2.

(2). The Minister of Justice shall determine the time of the entry into force of article 21, paragraph 4, of the law on child maintenance as amended by this Act, section 1, no. 5, paragraph 52 (a), paragraph 4, of the law on marriage as amended by section 2 of this Act, no. 3, § 58 (a), paragraph 4, of the law on marriage conclusion and resolution as amended by this Act, § 3, nr. 6, and section 38, paragraph 2, of the parents responsibility act as amended by this law § 4, no. 2.

(3). Article 21, paragraph 2, of the law on child maintenance, as amended by this Act, section 1, no. 4, § 52 (a), paragraph 2, of the law on marriage, as amended by section 2 of this Act, no. 2, and section 58 (a), paragraph 2, of the law on marriage conclusion and resolution, as amended by this Act, § 3, nr. 5, shall apply only to judgments which State administration shall, after the entry into force of the Act.
The Ministry of Justice, the 29. October 2009 Brian M/Nikolaj Krohn-R Official notes 1) Amendment relates to section 16, article 19, paragraph 3 3. paragraph, article 21 and article 23.

Date of entry into force of the provision relates to law 2) about marriage section 8, paragraph 2.

3) Effective provision relates to the then-current section 16.

4 Amendment relates to section 22), (3), (6). PT.

5 Amendment relates to section 13), paragraph 2, article 14, paragraph 2, article 15, paragraph 2, § 17, § 19, paragraphs 1-3 and § 21.

6 Amendment relates to section 14), paragraph 4, article 16, section 20 and section 21.