Notice On Collection Of Alimony

Original Language Title: Bekendtgørelse om opkrævning af underholdsbidrag

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Overview (table of contents)



Chapter 1



Executive order scope





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 Convention of 1958 or the Hague Convention of 1973





Chapter 6



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





Chapter 7



The collection of maintenance payments in accordance with the UN Convention





Chapter 8



Complaint, etc.





Chapter 9



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) of the law on the collection of maintenance contributions, see. lovbekendtgørelse nr. 137 of 17. February 2009, as amended by Act No. 326 of 11. April 2012, determined in consultation with the tax Minister: Chapter 1 scope § 1 of the Executive order. This notice applies to charging 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) of the United Nations adopted The Convention of 20. June 1956 on the recovery of maintenance abroad (UN Convention) 1).

2) Hague Convention of 15. April 1958 on the recognition and enforcement of decisions relating to maintenance obligations towards children (the Hague Convention of 1958) 2).

3) Convention of 23. March 1962 between Denmark, Finland, Iceland, Norway and Sweden on the recovery of maintenance payments (the Nordic recovery Convention) 3).

4) Hague Convention of 2 October. October 1973 on the recognition and enforcement of decisions relating to maintenance obligations (Hague Convention of 1973) 4).

(3). The notice also applies to charging for the purpose of enforcement abroad of decisions relating to maintenance obligations in accordance with the provisions of Council Regulation (EC) No 1782/2003. 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (maintenance obligations Regulation) applicable to Denmark.

(4). By voting in this Ordinance means also other documents covered by paragraphs 1 to 3, those laws and conventions, etc.

§ 2. The notice shall apply, without prejudice to article. However, paragraph 2 If 1) contribution recipient living or staying in Denmark, 2) contribution payer are living 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.

(2). Chapter 6 shall apply only where the contribution recipient living or staying in Denmark.

Chapter 2 Central Authority § 3. The reviewing Agency, family law Division, 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 clause 4. Request for collection on the basis of a Danish decision about child support or spousal support be submitted to Denmark.

(2). Denmark will charge the payment 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.

Chapter 4 Charging on the basis of decisions relating to maintenance obligations covered by the Nordic recovery Convention § 5. The Nordic recovery Convention applies here in the country.

§ 6. Request for collection on the basis of a decision on maintenance obligations covered by the Nordic recovery Convention shall be 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.

§ 7. 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 Convention of 1958 or the Hague Convention of 1973, section 8. The Hague Convention of 1958 and 1973 Hague Convention applies here in the country.

§ 9. Request for collection on the basis of a decision on maintenance obligations, which are covered by the Hague Convention of 1958 or the Hague Convention of 1973, 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 or 4.

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

§ 10. The State administration for taking a position on whether a decision subject to section 9, paragraph 1 1. point, meet the conditions for recognition and enforcement of the Convention 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, the State administration for the claim for arrears collection authority, who charge and recover the, see. law on the recovery of debt to the public.

Chapter 6 Charging on the basis of decisions relating to maintenance obligations covered by a maintenance obligation regulation § 11. Request for collection with a view to the enforcement abroad of a decision relating to maintenance obligations in accordance with the provisions of Council Regulation (EC) No 1782/2003. 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (maintenance obligations Regulation) applicable to Denmark, shall be submitted to the arrears collection authority. However, this does not apply to a decision that is the subject of Chapter 3.

Chapter 7 the collection of maintenance payments in accordance with article 12 of the UN Convention. 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 law on children's welfare, law on marriage or law concerning the conclusion and dissolution of marriage are to examine a possible case fixing the contributions. However, this does not apply to an application for the collection 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.

(3). Establishes the State administration contributions shall transfer the case to Denmark as a request for Payment collection on the basis of this decision, see. section 4, paragraph 1.

Chapter 8 Complaints, etc.

§ 15. Complain about Payment Denmark's decisions pursuant to section 4, paragraph 2, shall be treated by the reviewing Agency, see. section 23 (a), paragraph 1.

§ 16. Complaint against the State Administration's decisions in accordance with §§ 7, 10, paragraph 1, and 14, paragraphs 2, 3. paragraph are dealt with by Reviewing Agency, family law Department. The complaint shall be submitted to the State administration, which has taken the decision. The State administration shall forward the complaint and the documents before the Court to appeal Agency, family law Department.

§ 17. The State administration may resume the examination of an appeal lodged against this decision, if 1) 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 Appeal Agency, family law Department.

Chapter 9 entry-into-force provisions, etc.

§ 18. The notice shall enter into force on the 1. October 2012.

(2). Executive Order No. 1364 of 19. December 2008 on the collection of alimony shall be repealed.

The Ministry of Social Affairs and integration, the 24. September 2012 Karen Haekkerup/Malene r. Vestergaard Official notes 1) Bekendtgørelse nr. 49 of 24. August 1962, Bundesgesetzblatt (C).

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

3) Bekendtgørelse nr. 21 of 29. July 1963, Official Gazette (C).

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