Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The child is entitled to adequate maintenance. It includes the satisfaction of the material and mental needs of the child's development level, the care and training needed for the child and the resulting costs.
Parents are responsible for child support. When assessing parents' maintenance capacity, account shall be taken of their age, capacity and opportunity to participate in gainful employment, the amount of funds available and their other maintenance obligations under the law.
When assessing the extent of parental responsibility, consideration shall also be given to the child's ability and ability to respond to the child's child support and to the reasons why parents do not bear the child's maintenance costs or are limited.
The child's entitlement to child support from his parents ends when he reaches the age of 18.
The costs of the child's education shall also be borne by the parents after the age of 18 years, if considered reasonable. In particular, account shall be taken of the child's inclinations, the duration of the training, the amount of the costs involved, and the child's ability to bear the costs incurred by their education after the completion of the training.
Child support may be provided for child support if the parent does not otherwise take care of the child's maintenance or if the child does not live permanently with his parents. (8.4.1983/364)
The amount of maintenance and the manner in which it is carried out shall be determined by agreement or judgment.
In matters relating to maintenance, the minor is represented by his or her guardian or other legal representative. The representative of the minor child shall also be entitled to represent the child in the case of the child's right to child-maintenance for 18 years. (30/04/2013)
The child supervisor's obligation to assist the child in matters relating to maintenance is laid down separately.
The maintenance allowance shall be made on a monthly basis, unless otherwise agreed or prescribed. The maintenance grant may be established for different periods of time.
The obligation to carry out maintenance ends when the child reaches the age of 18, unless otherwise agreed or prescribed.
The maintenance grant may be fixed as a lump sum if this is necessary to ensure the maintenance of the child's maintenance in the future and is considered reasonable in relation to the ability of the maintenance provider to pay.
The agreement on maintenance must be made in writing. The agreement should be made clear:
(1) personal data concerning the child and his parents;
2) the amount of maintenance;
(3) from which time the maintenance period must be carried out;
(4) when maintenance of maintenance ceases;
(5) when maintenance payments are due; and
6) to whom maintenance payments are to be made.
The maintenance contract shall be signed by the child's parents, who undertakes to carry out maintenance and, on behalf of the minor child, the representative referred to in Article 5 (1). If the child is full, he shall sign the contract. Where the parent who commits to performing maintenance is under-law, the contract shall be approved and signed by his trustees. The approval and signature of the guardian is also necessary where the viability of the parent undertaking is limited in such a way that he cannot carry out the maintenance contract alone. (11.4.1999)
The agreement whereby the child has been extradited from the right to receive maintenance in the future is void.
The contract of maintenance shall be submitted to the social committee of the municipality in which the child is habitually resident or, if the child does not have a place of residence in Finland, to the social committee of the municipality in which the debtor has his habitual residence. If neither of them has a place of residence in Finland, the confirmation of the agreement shall be valid, as provided for in Article 8a. (10.12.2010/1079)
The social committee shall establish an agreement on maintenance if the content of the contract is in accordance with this law and the contract has been concluded in the form of the contract and otherwise in accordance with the provisions of this Act. In particular, prior to the conclusion of the Agreement, the social committee shall consider whether the agreement can be considered reasonable, taking into account the right of the child to adequate maintenance, the solvency of parents and other relevant factors, as described above in paragraphs 1 to 3. § and Article 6 are provided for.
The agreement on maintenance, which has been confirmed by the social committee, can be implemented in the same way as a legal judgment.
The Social Board may establish an agreement on maintenance payments, even if the child or the debtor is not domiciled in Finland if the Court of Justice has jurisdiction, applicable law, recognition of decisions and And Articles 3 or 6 of Council Regulation (EC) No 4/2009 on cooperation in matters relating to maintenance obligations and the parties to the Law applicable to maintenance obligations in The Hague on 23 November 2007 In accordance with Article 7 of the Protocol, agreement was to: The application of Finnish law.
The agreement referred to in paragraph 1 shall be presented to the Social Board of the City of Helsinki. However, if the contract is concluded at the same time as the contract for the maintenance of the child or the right of access, the award of the contract shall, however, be requested from the social committee of the municipality which is competent to confirm the maintenance of the child, or The agreement on access rights.
At the request of the child, the child supervisor is obliged to provide assistance to the child's supervisor in the other municipality in matters relating to the strengthening of maintenance obligations in relation to the duties of the child's supervisor. In that case, the children's administrator shall also be obliged to represent another child's supervisor in the proceedings before the courts or other authorities of the competent authority of its territory.
L to 15/2015 Article 8b enters into force on 1 January 2016.
The court or tribunal may determine the amount of maintenance and the manner in which it is carried out in accordance with Articles 1 to 3 and Article 6 above.
The court or tribunal shall lay down a maintenance claim for the initiation of an action or a judgment given in the judgment.
The court may order that maintenance must be carried out before the application initiating proceedings, if there are particularly weighty reasons. The maintenance period may, however, be imposed for a period of up to one year prior to the initiation of the application.
If the application for maintenance has been initiated within one year of the confirmation of paternity or a final judgment, the father of the child may be required to carry out maintenance obligations, including the birth of the child, if this is provided for in Articles 1 to 3. Shall be considered reasonable. However, the maintenance period cannot be imposed for a period longer than five years preceding the initiation of the action.
The amount of the maintenance and the manner in which it is carried out may be changed by agreement or judgment, provided that, in circumstances which, in accordance with Articles 1 to 3, have to be taken into account when the maintenance period is fixed, there have been such material changes that the maintenance Shall be considered reasonable, taking into account the circumstances of both the child and the parent carrying out maintenance. The amount of the maintenance allowance must be taken into account in the calculation of the maintenance period as it is in the form of a law on the living costs of certain maintenance (660/66) Included. (27.11.1981/793)
Consideration may also be given to the circumstances in which an action has been taken during a period of one year prior to the initiation of an appeal, provided that there are specific reasons for this.
The provisions of paragraph 1 shall apply mutatis mutandis if the maintenance contract is considered to be disproportionate. (17.12.1982/964)
L for certain maintenance costs relating to maintenance costs 660/1966 Has been repealed by L 583/2008 , see On the entry into force of certain maintenance periods ARTICLE 6 OF ARTICLE 6 2. Cf. L-law on property law 228/1929 § 36 .
In determining whether an agreement or a judgment has previously established an obligation to carry out maintenance obligations, or that the amount of maintenance must be reduced, the court should consider, at the same time, whether maintenance payments have been made after the initiation of the action. Or part of them shall be returned.
Where the action for the annulment of the paternity has been accepted by a judgment of the law, the recognition of paternity has been found to be void or of a final judgment on the confirmation of paternity, which may be imposed by a court of If the child's representative in the event of confirmation of maintenance or maintenance has known that the child is not the father of the child, and that the child, the representative of the child and the child are to be returned, In view of the circumstances of the man who has carried out the work, consider reasonable.
On behalf of the child, the application for maintenance is entitled to drive each person who, according to Article 5 (1), represents the child.
In the case of paternity action, paternity law (2006) The representative of the child referred to in Article 31 (1) and (2) shall also be entitled to request confirmation of child support. (13/05/15)
L to 15/2015 (2) shall enter into force on 1 January 2016. The previous wording reads:
In the case of paternity confirmation, the representative of the child referred to in Article 24 (1) of the Law on paternity also has the right to require child support to be strengthened.
Paragraph 3 has been repealed by L 30.12.2014/1307 .
If the child has been or is in danger of having no maintenance, or the obligation of the parent to carry out maintenance has not been established, or where the child maintenance is inadequate, the Social Welfare Act (710/1982) § 6 The institution referred to in paragraph 1 shall have the right to pursue an action on behalf of the child in order to establish or increase the amount of maintenance.
Where child support is paid to the child, the institution shall be entitled to pursue an action to establish or increase the amount of maintenance, even if the child has not been or is in danger of being deprived of maintenance. If child support is paid to the child, the institution shall also be entitled to pursue an action to reduce child support.
Before taking the measure referred to in paragraphs 1 and 2, the institution shall provide the guardian of the child and the debtor to be heard.
The competent court in the case of maintenance provides In Chapter 10 of the Court of Justice . (13.03.2009)
If the claim for maintenance is presented in the context of an action for maintenance or paternity of a child, the application for maintenance may also be brought before the court where the first action must be instituted.
In the case of paternity confirmation, the question of child maintenance cannot be resolved before paternity has been confirmed by a final judgment, if more than one man is to be prosecuted for the purposes of the action.
A judgment which is required to carry out maintenance or an increase in the amount of maintenance may be applied, even if it is appealed against, as soon as it obtained the force of the law. The judgment which has previously been imposed on the obligation to stop maintenance or to reduce the amount of maintenance must be complied with immediately, even if it has not obtained the force of the law, unless the court decides otherwise. (21.8.1998)
If the judgment on the confirmation of maintenance is given in the proceedings for confirmation of paternity, the judgment cannot be enforced until the validity of the judgment is confirmed by the judgment.
If maintenance is due to one or more of the calendar years preceding the current year, the total amount of maintenance due in each calendar year shall be treated as one single instalment for the purpose of the maintenance of the maintenance obligation. The funds collected by the maintenance debtor later or by means of enforcement shall be allocated to the institution of the oldest calendar year in respect of the maintenance of the maintenance period and the default interest accrued to it. Similarly, if it remains unclear how the beneficiary of maintenance has already allocated the performance already received. If, during previous calendar years, a certain amount of maintenance has been completed and the default interest accrued to it has become fully accrued, the accumulated resources shall be allocated to the payment of outstanding outstanding balances during the current year. In chronological order and after this year for late payment.
The distribution of the benefits between the claim of a child eligible for maintenance and the guarantee from the Social Insurance Institution, where, in addition to the maintenance allowance, the maintenance allowance paid to the child is provided for in the maintenance allowance (1080/2008) . (29.8.2008)
The rate of delay for periodic maintenance payments shall be calculated on a calendar year basis by calculating the amounts of maintenance payments outstanding on the last day of each month and by dividing the sum of the calendar months By the number of persons on the last day of which maintenance has not been carried out. The interest rate shall be calculated for these calendar months. Only full calendar months shall be taken into account when calculating the interest rate. If the maintenance period is completed by the end of the calendar month during which it is due, the interest for late payment shall not be calculated. In the case of withdrawal of maintenance payments, the default interest rate shall be calculated by the Social Insurance Institution, which has been transferred to the recovery of the maintenance period and, failing that, the bailiff. The recovery of the interest rate requires that a statement be made on the basis of which the interest on late payment can be calculated. The maintenance grant, which was not carried out at the end of the last year, shall be taken into account in the calculation of the interest on late payment, if a reliable explanation of the amount can be provided. Otherwise, the default interest rate for periodic maintenance, as well as the interest in late payment, shall be valid, in the case of the Korkola (163/1982) Provides. (29.8.2008)
If the debtor fails to carry out both the maintenance payment due and the default interest accrued to it, the amounts recovered later by the maintenance debtor or by the outreach activities shall be directed primarily at the provision of maintenance.
The default interest referred to in this Article may be recovered by means of enforcement if the applicant is required to do so, even if the interest rate is not fixed.
Periodic maintenance and default interest shall be charged to the debtor within five years from the beginning of the year following the date on which the maintenance is due. Otherwise, the right to receive payment is lost. As a single payment, the maintenance period and the default interest shall be recovered within a period of five years from the date on which the maintenance period is due and no later than five years after the beneficiary has reached maturity.
Notwithstanding the provisions of paragraph 1, the outstanding amount of maintenance and interest on late payment may be recovered from the property in which it is pledged.
If, within the period referred to in paragraph 1, the debtor has been declared bankrupt, the recovery of the claim has been foreclosed or controlled in a public face shall not prevent the receipt of the payment from the amount of the money recovered or The assets of the estate, or of the assets for which the claims reported in the public face are to be carried out.
This Act shall enter into force on 1 October 1976.
More detailed provisions on the application of maintenance payments and the forms to be adopted are laid down by a decree of the Ministry of Justice. (13/05/15)
More detailed provisions on the implementation of this law shall be adopted, where appropriate, by a regulation.
When the law or regulation has referred to a law which has instead become a provision of this law, it must be applied instead.
The provisions of this law shall apply to the child's right to support from parents, even when the child was born before the entry into force of this law.
What is laid down in this law for parents must also apply to a man who, under the law of children born outside of wedlock, (193/22) Are committed or obliged to carry out maintenance payments to the child born outside the marriage.
The provisions of this Act do not exempt parents from carrying out maintenance to a child which, prior to the entry into force of this Act, has been established by an agreement or a judgment of the law.
The maintenance period before the entry into force of this Act for the maintenance of a minor child shall be carried out after the entry into force of the law to a child represented by his representative referred to in Article 5 (1).
This Act shall enter into force on 1 January 1982.
This law shall also apply where maintenance has been established before the entry into force of this Act.
The provisions of this law shall apply when the law enters into force on the occasion of an amendment to the law pending before the Court of Justice. When, at the time of entry into force of the law, the case is pending before a higher court, the parties shall be given an opportunity to provide further clarification if it is considered appropriate.
HE 110/81, Ivhms. 7/81, svk.M. 100/81
This Act shall enter into force on 1 January 1983. It shall also apply to contracts concluded before the law enters into force.
HE 247/81, Ivhms. 6/82, svk.M. 136/82
This Act shall enter into force on 1 January 1984.
HE 224/82, lvhms. 11/82, svk.Met. 272/82
This Act shall enter into force on 1 January 1999.
Pending the entry into force of the law, the provisions in force at the time of entry into force of the law shall apply. However, this will become obsolete once and for all at the end of 2004. Also, a claim that, before the end of 2004, would have become obsolete before the end of 2004 could be recovered until the end of 2004. In addition, the claim referred to in Article 16c (2) and (3) shall apply.
After the entry into force of the law, the resources accruing as a direct payment of maintenance shall be directed primarily at the performance of the maintenance payment before the entry into force of the law until such time as it has been completed or the entitlement has become obsolete. Performants owed by creditors of the law on the order of payment of the creditors (1578/1992) , shall, however, be allocated to a privileged child allowance. In the case of accrued settlement, maintenance payments due before the entry into force of the law shall be treated as a single entity so that the amount of such maintenance is allocated to the total amount of such maintenance. However, before the entry into force of the law, a claim that is due to be paid before the law is due must first be paid, and the interest on late payment must be paid to it before the law enters into force.
The Ministry of Justice gives more detailed guidance on the application of this law.
THEY 128/1997 , LaVM 4/1998, EV 83/1998
This Act shall enter into force on 1 December 1999.
THEY 146/1998 , LaVM 20/1998, EV 234/1998
This Act shall enter into force on 1 April 2009.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 49/2008 , StVM 10/2008, EV 69/2008
This Act shall enter into force on 1 September 2009.
The provisions in force before the entry into force of the Act prior to the entry into force of the Act shall apply.
THEY 70/2008 , LaVM 16/2008, EV 5/2009
This Act shall enter into force on 18 June 2011.
THEY 144/2010 , LaVM 17/2010, EV 169/2010
This Act shall enter into force on 1 April 2015.
THEY 164/2014 , StVM 27/2014, EV 195/2014
This Act shall enter into force on 1 January 2016.
DEC 91/2014 , LaVM 16/2014, EV 235/2014
