The Law On Child Maintenance

Original Language Title: Laki lapsen elatuksesta

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1975/19750704

In accordance with the decision of Parliament: Chapter 1 the right to maintenance and the maintenance responsibility for the maintenance of section 1 of the child has the right to an adequate standard. It includes the child's level of development, the material and spiritual needs of child care and education needed, as well as the costs.


section 2 of the Parents are responsible for the child's maintenance of its ability. The parents keep the ability to consider their age, ability and opportunity to participate in the paid workforce, the amount of available resources, as well as their statutory other maintenance responsibilities.
The parents ' maintenance obligation will also take into account the ability of the child, in assessing the scope of and opportunities in to respond to the provision as well as of the reasons which have led to the parents no child maintenance costs or they are minimal.


section 3 of the child's right to maintenance from their parents to an end, when he fills in for eighteen years.
Parents are responsible for the cost of a child's education, even when the child is the age of eighteen years, if it is considered reasonable. In this case, particular account shall be taken of the duration of the training period, the child's tendencies, the cost to the end of the training, as well as the potential of the child itself to meet the costs of their education.
Chapter 2 General provisions relating to article 4 of the maintenance for the child may be set to run in the child support if the parent does not otherwise take care of the child or if the child is a permanent resident parents. (8.4.1983/364)
The amount of maintenance obligations and to confirm the agreement or judgment.


section 5: in matters relating to maintenance to a minor is represented by his guardian or other legal representative. The representative of the child is entitled to represent the interests of the minor children also in respect of the child's right to maintenance for a child's stuffed for eighteen years. (30.12.2014/1307)
Lastenvalvojan the obligation to assist the children in matters relating to maintenance is provided separately.


section 6 of the maintenance has to be carried out on a monthly basis in advance, unless otherwise agreed or specified. Child support may be set to run as different at different time periods.
The obligation to pay child support ends when the child reaches the age of eighteen years, unless otherwise agreed or specified.
Child support may be set to run in one lump sum, if this is necessary in order to safeguard the child's maintenance in the future, and it has the ability to pay maintenance to the service provider to be considered reasonable.
Chapter 3 the strengthening of the agreement, paragraph 7, of the maintenance maintenance agreement must be made in writing. The agreement must clearly indicate: 1) to the child and his parents for personal information;
2) amount;
3) from the date of the maintenance is to be carried out;
4) when performing maintenance;
5) when child support items shall be due and payable; as well as 6) to whom will the maintenance has to be carried out.
Maintenance of the agreement shall be signed by the child's parents, who undertakes to carry out the maintenance, as well as on behalf of her minor child, section 5, as referred to in sub-section 1. If the child is sovereign, has her sign a contract. When the parent who undertakes to carry out the maintenance, is to be legally incompetent, it is approved and signed the agreement with his edunvalvojansa. The trustee's approval and signature is necessary, even when the child support to pay for the action of the commitment of the parent is limited in such a way that he alone can make the maintenance agreement. (as of 1 April 1999/450)
Agreement on behalf of the child has been abandoned, with the right to receive maintenance in the future shall be null and void.


Article 8 of the agreement shall be presented for endorsement by the maintenance of sosiaalilautakunnalle, where the child's habitual residence or, if the child does not have a place of residence in Finland, the sosiaalilautakunnalle, in which the debtor has his domicile in the place of residence. If either of them is not in Finland, the abode, the contract is valid, article 8 (a). (10.12.2010/1079)
Social Affairs Committee of the need to strengthen the maintenance agreement, if the content of the agreement is in accordance with the law and the contract is concluded in the form provided for in accordance with the provisions of this law, as well as otherwise. The strengthening of the Social Affairs Committee of the agreement shall, in particular, to consider whether the agreement is considered reasonable, taking into account the child's right to an adequate standard of maintenance, the parents ' ability to pay, as well as any other relevant factors, as mentioned above in section 1 to 3 as well as article 6.
The maintenance agreement has been confirmed by the Social Welfare Board, can be implemented as the final judgment.


section 8 (a) (10.12.2010/1079) Social Welfare Board may confirm the maintenance of a child or the debtor, even if the Treaty is not in Finland, the place of residence, if the Finnish Court is the competent jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations for the implementation of Council Regulation (EC) No 1782/2003 4/2009 of 3 or in accordance with article 6 of the law applicable to maintenance obligations and the parties in the Hague on 23 November 2007, in accordance with article 7 of the Protocol, agreed that the maintenance obligation is governed by the laws of Finland.
The purposes of paragraph 1, the contract, which is to be presented for endorsement by the city of Helsinki sosiaalilautakunnalle. If the contract is concluded at the same time the child's custody or visitation with the strengthening of the agreement the agreement shall, however, be requested to sosiaalilautakunnalta, which is competent to certify the authenticity of the child custody or visitation.


8 (b) of section (13.1.2015/15) at the request of the Lastenvalvoja is required to provide assistance to the strengthening of the second lastenvalvojalle in matters relating to maintenance obligations, the lastenvalvojalle tasks. In this case, the lastenvalvoja is required to also represent the second lastenvalvojaa in dealing with this issue the action before the Court of their domain, or any other authority.

L:lla 15/15 added to section 8 (b), shall enter into force on the 1.1.2016.

Chapter 4 strengthening of maintenance judgment the Court can fix the section 9 of the child support amount and settlement in accordance with paragraphs 1 to 3 and 6 of section is provided.


section 10 of the maintenance, the Court must be established to run an application or from the date of this subsequent designation set out in the judgment.
The Court may order that the maintenance has to be carried out from the date of opening of the earlier application, if there are particularly compelling reasons. It may, however, be provided to maintenance to run more than one year prior to the opening of the proceedings initiated.
If the maintenance action is brought within one year of when the recognition of paternity has been established, or a final judgment, may be the child's father in order to carry out the maintenance of the child's birth, if this 1 – according to the criteria laid down in paragraph 3, will be considered reasonable. Child support does not, however, be obliged to run in their action against the opening over the preceding five years.
Chapter 5 of the change and restore the maintenance set out in article 11 of the agreement or judgment of the settlement may be modified, if in those circumstances, that according to section 1 to 3 must be taken into account in establishing the maintenance has been so essential to the changes, that change is, as well as the maintenance of the child, that parent, taking into account the conditions for carrying out the maintenance to be kept reasonable. Change of maintenance when considering the amount of maintenance to be taken into account is set as the binding of the some of the cost of living on the alimony law (660/66). (27.11.1981/793)
In considering whether to amend the maintenance can be laid down to take account of the opening of the action of the preceding circumstances, during one calendar year, unless there are special reasons for doing so.
What is provided for in subparagraph (1) above, shall apply by analogy if, in the consideration of the maintenance of the agreement unreasonable. (17.12.1982/964)

(L) some of the cost of living for the binding of the 660/1966 on undone L:lla 583/2008, see the entry into force of the binding of the some of the cost of living (L) for 583/2008 6 § 2 mom. CF. L varallisuusoikeudellisista on acts in law 226/1929, section 36.



Article 12 of the agreement or judgment in determining that, in the past laid down the obligation to pay maintenance is lakkaava, or that the child support be reduced at the same time, it is for the Court to consider whether the action brought after the execution of the whole or a part of the maintenance carried out in the aid to be repaid.
When the action for annulment of a final judgment of paternity accepted, paternity recognition found void or the final judgment establishing paternity, the child may be court order landed in section 5 (1) of the operations carried out in the maintenance of assistance referred to in subsection representative to return all or part of the representative of the child, if the child support in fixing or maintenance claims an did not know that the man is not the father of the child, and the return of a child, the child's representative, as well as the man who performed the maintenance, in the circumstances, be considered to be reasonable.
Chapter 6 of the procedure and the implementation of the article 13 (21.8.1998/673) maintenance, on behalf of the rights of the child on the action is run on each, which according to paragraph 1 of article 5 to represent the children.

Establishing paternity in the context of an action for paternity Act (11/15) section 31 (1) and (2) that the child's representative has the right to require the future maintenance for the child. (13.1.2015/15)

L:lla 15/2015 modified 2 shall enter into force on the 1.1.2016. The previous wording includes: establishing paternity in the context of an action is the paternity law as mentioned in subparagraph (1) of section 24, the child's representative the right to call for the strengthening of future maintenance for the child.

(3) repealed by L:lla 30.12.2014/1307.



13 (a) of section (30.12.2014/1307) where the child has been, or there is a risk of lack of maintenance and a parent's obligation to perform the maintenance have not been established, or if insufficient maintenance has been established towards the child's maintenance, ' sections (710/1982), as referred to in subparagraph (1) of section 6 of the Act on behalf of the child body shall have the right to take action or the paternity of the creditor, the amount of the increase.
If the child is paid to maintenance support, the institution has the right to take action to increase the number of or the paternity of the creditor, even if the child is not a victim or not in danger of a lack of maintenance. If the child is paid to maintenance support, the institution has the right to take action in order to reduce the maintenance.
The Agency shall, before taking up a measure referred to in paragraph 1 and 2 shall be reserved to the child's guardian and the debtor with an opportunity to be heard.


section 14 of the code to determine the courts having jurisdiction in case of maintenance provided for in Chapter 10. (13 March 2009/159)
If a maintenance claim on the child's custody or establishing paternity in the context of an action for maintenance, you can also address to the Court, where the first issue of the action shall be brought.


in the context of the application of article 15 in support of establishing paternity is the question of the maintenance of the child cannot be resolved before the final judgment of paternity is established, if the action establishing paternity is run more than one man.


section 16 of the Court, which is obliged to carry out the maintenance or child support amount has been increased, in the event of an appeal, may be, even if it applied, as it would have had the force of law. The verdict, which has been ordered in the past laid down the obligation to pay maintenance to the stop or the amount of maintenance to be reduced, shall immediately be followed, even if it did not have legal force, unless the court orders otherwise. (21.8.1998/673)
If the judgment was given in the maintenance in support of establishing paternity proceedings, no judgment can be put into effect before the final judgment of paternity has been established.


16 (a) in the section (21.8.1998/673) If child support is the amount due for one or more years in respect of the preceding calendar year, during each calendar year, the total amount of past due child support payments are treated as a single item with an allocation of the debtor. The tests carried out by the debtor later or the level of fees charged to the funds allocated to him, survive from the ulosottotoimin for the calendar year to be child support and interest. Similarly is the case if it is unclear how the creditor has allocated already. If during the previous calendar years past due child support and the accumulated interest has become as a whole have been made, accumulating assets will be allocated during the current year of the outstanding items due for payment purposes in chronological order, and after that, in the current year.
The allocation of payments, the creditor's claim and the social insurance institution of Finland takautumissaatavan of the child in the Middle when the child support paid for a child is to be recovered, in addition to maintenance support, provides for the maintenance support Act (580/2008). (August 29, 2008/582), section 16 (b) (21.8.1998/673) interest on the amount of time allotted to keep aid shall be calculated for each calendar year in respect of a quantity which can be calculated as the sum of the last day of each month, the quantities and the sharing of maintenance pending amount multiplied by the number of calendar months, that on the last day of the maintenance has been accomplished. The interest shall be calculated for these calendar months. The interest shall be calculated by taking into account only the full calendar months. If the maintenance is carried out by the end of the calendar month in which it is due for payment, interest on arrears shall not be counted for that month. Ulosottoteitse interest in the recovery of maintenance to the social insurance institution of Finland, to which the right to calculate the child support is moved, and otherwise, the bailiff. Charging interest requires that we set out a statement, on the basis of which the interest can be calculated. Child support, which was the last time an expired at the end of the year, will be taken into account in the calculation of the amount of the interest, if it can be trusted. Otherwise, the interest of maintenance to be performed periodically as well as one lump sum interest of maintenance to be performed shall be valid, what interest rate Act (633/1982). (August 29, 2008/582)
If the debtor has his domicile without running and maintenance due to the accumulated interest on account of late payment, the debtor's later inherited by or to him ulosottotoimin directed primarily to the recovery of maintenance.
This section shall be applied to the interest rate referred to in ulosottotoimin, if the applicant so requests, even if the interest rate is to be fixed.


16 (c) of section (21.8.1998/673) periodically carry out maintenance and to calculate the interest rate shall be levied for the lex fori to within five years of the start of the year, the date on which the child support is overdue. Otherwise, the right to receive payment is lost. The lump-sum payment of the alimony to be recovered and the interest shall be calculated accordingly within five years of when maintenance is due and no later than five years from the time when the creditor has come of age.
Notwithstanding the provisions of subparagraph (1), provides for the payment of default interest, to recover the maintenance and as assets.
If, within the period referred to in subparagraph (1) the debtor has been declared bankrupt, to recover a claim, it is delivered to the garnishment or it is controlled in a public challenge, without prejudice to the time gap to obtain the payment of the funds does not prevent the passage of ulosmitatuista or of the assets or the assets to the estate of which the public challenge to the reported assets must be carried out.
Chapter 7 entry into force and transitional provisions article 17 of this law shall enter into force on 1 October 1976.
More detailed provisions on the maintenance of the forms to be used when establishing the arrangement and will be given by the Ministry of Justice. (13.1.2015/15)


L:lla 15/2015 modified 2 shall enter into force on the 1.1.2016. The previous wording of the provisions on the implementation of this law is: for more specific shall be adopted, where necessary, regulation.
When required by law or regulation has been made to the law, which has come to this provision, it is this, rather than applied.


Article 18 the provisions of this Act shall be applied to the child's right to maintenance from their parents, even when the child is born before the entry into force of this law.
What's the purpose of this law is provided for by the parents, must also apply to the man, who out of wedlock births (173/22) according to the provisions of an obligation to carry out maintenance to the commitment or marriage outside of the compromise.


section 19 of this Act, the provisions do not exempt the parents from the child maintenance, which prior to the entry into force of this law has been established by a contract or a final judgment.
Child support, which, before the entry into force of this law has been confirmed to run in for a minor child maintenance is to be carried out after the entry into force of the laws of the child, which represents his article 5 as referred to in sub-section 1.

The change of the date of entry into force and the application of the acts: 27.11.1981/793: this law shall enter into force on 1 January 1982.
This law shall also apply in cases where child support is established before the entry into force of this law.
The provisions of this Act shall apply to the proceedings pending before the Court at the time of entry into force of the law set out in the relevant maintenance. When it is at the time of entry into force of the law in the proceedings pending before the Court of appeal, in the upper, is the parties be given an opportunity for the adoption of the report, if it is considered to be appropriate.
THEY'RE 110/81, lvk. Mrs. 7/81, svk. Mrs. 100/81 17.12.1982/964: this law shall enter into force on 1 January 1983. It shall also apply to contracts concluded before the entry into force of the law.
THEY 247/81, lvk. Mrs. 6/82, svk. Mrs. 8.4.1983 136/82/364: this law shall enter into force on 1 January 1984.
THEY are 225/82, lvk. Mrs. 11/82, svk. Mrs. 272/82 21.8.1998/673: this law shall enter into force on 1 January 1999.

Before the entry into force of the law to an overdue maintenance and the interest at the time of entry into force of the law shall apply to the provisions in force. This, however, will expire at the end of 2004 to be final. Also, that before the entry into force of the law in accordance with the provisions in force would be out of date before the end of 2004, will be charge by the end of 2004. In addition, in a claim referred to in section 16 c shall apply to: (2) and (3).
After the entry into force of the laws of the alimony in lieu of the accumulating funds must be allocated in the first instance before the entry into force of the laws of the maintenance claim is overdue for payment purposes, until it is completed or it has expired. The performance, which is accumulated by creditors payment Act (1578/1992) in accordance with article 4, however, it is targeted at the wealthy keep aid. The allocation to accrued payments before the law entered into force due to the maintenance are treated as one entity, so that the total of such payments shall be allocated to the maintenance. Before the entry into force of the laws of the payable is, however, first carry out the maintenance, which shall be carried out in the interest the entry into force of the law, as well as the interest accrued before.
The Ministry of Justice on the application of this law to give more detailed instructions.
THEY LaVM 4/128/1997, 1998/83 of 1998 as of 1 April 1999, EV/450: this law shall enter into force on 1 December 1999.
THEY 146/1998, LaVM 20/1998, EV 234/1998 on August 29, 2008/582: this law shall enter into force on 1 April 2009.
Before the entry into force of this law may be to take the measures needed to implement the law.
THEY'RE 49/2008 2008-10, Shub, EV 69/13 March 2009/159 of 2008: this law shall enter into force on 1 September 2009.
Before the date of the entry into force of the laws which have been in force at the time of entry into force of the law applies.
70/2008, LaVM 16/2008, opening on 5/2009/EV 1079: this law shall enter into force on 18 June 2011 at the latest.
THEY LaVM 17/144/2010, 2010, EV 30.12.2014/169/2010 1307: this law shall enter into force on 1 April 2015.
THEY 164/2014, Shub 27/2014, EV 13.1.2015 195/2014/15: this law shall enter into force on the 1 January 2016.
THEY LaVM 16/91/2014, 2014, EV 235/2014