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Notice On Collection Of Alimony Reprinted Definitive Series

Original Language Title: Bekendtgørelse om opkrævning af underholdsbidrag Omtryk

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Table of Contents
Chapter 1 The scope of the Bekendom Decision
Chapter 2 The Central Authority
Chapter 3 Confusing based on Danish decisions on child support and conjugal contributions
Chapter 4 Recreation on the basis of decisions on maintenance payments covered by the Nordic collection-control Convention ;
Chapter 5 Reliability based on decisions on maintenance obligations covered by the Hague Convention of the 1958 or the Hague Convention of 1973
Chapter 6 Clawing on the basis of decisions on maintenance obligations covered by the maintenance of the obligation to be subject to maintenance ;
Chapter 7 Recreation of alimony under the UN Convention
Chapter 8 Crow and other things.
Chapter 9 Entry into force and so on.

Completion of the collection of alimony payments

In accordance with paragraph 1 (1), 2, and section 23 (b) in the Act on the collection of maintenance contributions, cf. Law Order no. 275 of 12. March 2013, as amended by law no. 647 of 12. June 2013, shall be fixed in consultation with the tax minister :

Chapter 1

The scope of the Bekendom Decision

§ 1. This notice shall apply to collection on the basis of Danish decisions on contributions to the oration of children, and so on in the case of child support and contribution to the premonition of the present or former spouse, including : registered partner, after the conclusion of the marriage and the resolution of marriage and the law on the legal effects of the marriage (prenal contribution).

Paragraph 2. The notice shall also apply to collection on the basis of decisions concerning the maintenance obligations covered by :

1) The United Nations Convention of 20, adopted by the United Nations. June 1956 on the recovery of maintenance obligations abroad (the UN Convention) 1)

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

3) Convention on 23. 1 March 1962 between Denmark, Finland, Iceland, Norway and Sweden on the recovery of sub-alimony (the Nordic collection Convention) ; 3)

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

Paragraph 3. The notice shall also apply to collection for the purposes of enforcing decisions on maintenance obligations under the provisions of the Council Regulation (EC) No 2020/20. 4/2009 on jurisdiction, law enforcement, recognition and enforcement of judgments and cooperation in relation to maintenance obligations (under-obligation) applicable here in the country, cf. Paragraph 1 of the Brussels I Regulation and so on.

Paragraph 4. In decisions of this notice, other documents covered by the provisions referred to in paragraph 1 shall also be taken into account. 1-3 laws and conventions, etc.

§ 2. The notice shall apply, cf. however, paragraph 1 2, if

1) the recipient of the beneficiary lives or residing in Denmark,

2) the contribution of the contributor shall live or reside in Denmark,

3) the contributor has assets in Denmark which could be the subject of panning for section 11 in the law of debt recovery for the public ; or

4) the contribution of the contributor from an employer and so on in Denmark receives a salary, etc., which will be the subject of retention in accordance with section 10 of the debt recovery of public debt.

Paragraph 2. Chapter 6 shall apply only where the recipient of the contribution is resident or residing in Denmark.

Chapter 2

The Central Authority

§ 3. The Board of Appeal, Family Regiment, shall be the central authority in relation to the conventions covered by Section 1 (1). 2.

Chapter 3

Confusing based on Danish decisions on child support and conjugal contributions

§ 4. The request for collection on the basis of a Danish decision on child contributions or alimony payments shall be submitted to Udbetaling Danmark.

Paragraph 2. Payments Denmark shall collect the claim and take a decision on the claim for the claim and transfer of it to the recovery authority in accordance with the procedure for the restential recovery authority. The law of debt recovery for the public sector.

Chapter 4

Recreation on the basis of decisions on maintenance payments covered by the Nordic collection-control Convention ;

§ 5. The Nordic recovery convention is in force here in the country.

§ 6. The request for collection on the basis of a decision on maintenance payments covered by the Nordic recovery convention shall be submitted to the recovery authority, which shall be charged and collect the claim, cf. The law of debt recovery for the public sector. However, this does not apply to a decision subject to Chapter 3.

§ 7. The objections to the claim are being dealt with by the state administration.

Chapter 5

Reliability based on decisions on maintenance obligations covered by the Hague Convention of the 1958 or the Hague Convention of 1973

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

§ 9. The request for collection on the basis of a decision on the maintenance obligation covered by the Hague Convention of the 1958 or Hague Convention of 1973 shall be submitted to the State administration. However, this does not apply to a decision subject to chapters 3 or 4.

Paragraph 2. If the recovery is not carried out in Denmark, the request shall be submitted for collection to the recovery authority.

§ 10. The State administration shall decide on a decision in section 9 (4). ONE, ONE. a point, satisfying the conditions of the Convention for the recognition and enforcement of Denmark. The State administration is also taking a position on the challenge of the claim.

Paragraph 2. Are they in paragraph 1? The conditions laid down in this Article shall be granted to the State administration, the claim to the recovery authority that requires and administers it in accordance with the requirements of the said Regulation. The law of debt recovery for the public sector.

Chapter 6

Clawing on the basis of decisions on maintenance obligations covered by the maintenance of the obligation to be subject to maintenance ;

§ 11. The request for collection for enforcement in the event of enforcement of a decision on maintenance obligations under the provisions of the obligation of maintenance under the obligation to be subject to the country of maintenance in accordance with the provisions of this country, Section 1 (1). 3, shall be submitted to the restancein custody. However, this does not apply to a decision subject to Chapter 3.

Chapter 7

Recreation of alimony under the UN Convention

§ 12. The UN Convention is applicable here in the country.

§ 13. The request for the collection of sub-alimony under the UN Convention shall be submitted to the State. However, this does not apply to the request for collection subject to Chapter 3-5.

§ 14. The State Department will charge the debt to the contributor.

Paragraph 2. Where the contributor does not pay the claim, the claim shall be deemed to claim the claim as a request for the determination of contributions under Danish law to which the government is treated.

Paragraph 3. If the State administration is to be determined, it shall give the case to Udbetaling Danmark as a request for collection on the basis of this Decision, cf. Section 4 (4). 1.

Chapter 8

Crow and other things.

§ 15. Clause of Udbetaling Danmark's decisions in accordance with section 4 (4). 2, be processed by the Board of Appeal, cf. Article 23 (a) (a), 1.

§ 16. Complaguing the decisions of the State Manager in accordance with section 7, section 10, section 10. Paragraph 14 (1) and section 14 (1). TWO, THREE. Pkton, processed by the Board of Appeal, Family Department. Complar shall be submitted to the administration of the State, which shall forward the complaint and the files of the case to the Board of Appeal, Family Acting Division.

§ 17. State administration may resume the processing of an impacted decision if :

1) the complaint contains an application for which State administration has not taken a position ;

2) the complaint contains important new information,

3) there are significant information which has not been addressed by State administration, or

4) there are case processing errors that may have implications for the decision.

Paragraph 2. The complainant may appeal to the State Department's decision to resume the case with the Board of Acqueners, the Department of Families.

Chapter 9

Entry into force and so on.

§ 18. The announcement shall enter into force on 1. July 2013

Paragraph 2. Publication no. 951 of 24. September 2012 on the collection of alimony payments is deleted.

The Social and Integration Ministry, the 21st. June 2013

Karen Hood up.

/ Malene Vestergaard

Official notes

1) Publication no. 49 of 24. "August 1962," Law C. "

2) Publication no. 26 of 1. April 1966, Statedown C

3) Publication no. 21 of 29. July 1963, Statument C.

4) Publication no. 15 of 22. 'February' 88, Statten C.

Retryksnote
  • 20-07-2013 :
  • Publication no. 806 of 21. June 2013 on the collection of alimony payments has been reprinted on the 20th. July 2013 due to errors. After section 3, "Chapter 4" has been changed to : "Chapter 3".