The Law On The Collection Of Alimony, Etc. (The Contributor Collections Law)

Original Language Title: Lov om innkreving av underholdsbidrag mv. (bidragsinnkrevingsloven)

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The law on the collection of alimony, etc. (the contributor collections law).

Date LAW-2005-04-29-20 Ministry of labour and Social Affairs Recently edited L 27.05. 2016 Nr. 12 published in the 2005 booklet 6 entry into force 01.01.2006 Change Announced 29.04.2005 short title Contributing Collections Law Chapter overview: Chapter 1. Introductory provisions (§§ 1-7) Chapter 2. Collecting (§ § 8-18) Chapter 3. Disclosure (§ § 19-21) Chapter 4. Proceedings and appeals (sections 22-24) Chapter 5. Tilbakekreving of contributions and contribution forskott etc. (sections 25-29)
Chapter 6. Different provisions (sections 30-38) cf. the previous law 9 des 1955 No. 5. Chapter 1. Initial provisions § 1. Application under the rules of the law here claimed alimony which is incumbent on someone after the children's Act, the marriage or child protection law. The same applies to other claims that after the law here or other laws shall be levied by the labour and Welfare Agency's collections Central. Also claim legal costs as the public are awarded in lawsuits about the requirements as mentioned in the first and second periods, levied according to the rules in the law here.

§ 2. Reciprocation By agreement with a foreign State, it can be determined that an enforceable judgment about alimony can fulfilled there, also can be carried out in Norway. The same is true for the other court decision, administrative decision or written adoption which can in that forced execution alien State. First sentence also applies to contributions to expenses at birth and for costs that are imposed on the bidragspliktige in connection with the individual case.
Agreement as mentioned in the first paragraph can also be entered into with the areas within a State's territory, which according to the legislation of the State is given the authority to enter into such agreements.
Fullbyrdingen of foreign contribution requirements etc. as mentioned in the first and second loops going on under the rules of the law here. The provisions of the Enforcement Act § 7-3 third paragraph does not apply.
To the extent that agreements as mentioned in the first and second joints have rules for the exchange of information between the Member States, other Member States can be given information about the identity, address or income and wealth relationship of the parties in a case without the obstacle of secrecy, possibly after the information is obtained by Chapter 3 of the act here or barnelova § 10 the second paragraph.
When a party desires the collection of a private contribution agreement, cf. barnelova § 70 the first paragraph, in pursuance of an agreement as referred to in the first and second paragraph, to the private agreement sent labour and Welfare Agency's collections Central for approval. The Central Office to verify that the terms and conditions for the collection of the agreement after the Norwegian rules are met. If the conditions are met, to the Central Office approve the deal and give a written statement that the deal is approved and enforceable in Norway.
The King can make exceptions from the provisions of the third paragraph.

§ 3. Definitions with alimony refers to contributions to the children or spouse that are required in the enforceable judgment or administrative decision, or that are set out in the written agreement.
With the contribution recipient will mean the that have the right to receive alimony as bidragsberettiget or on behalf of bidragsberettigede children.
With bidragspliktig will mean the that is required to pay alimony.
With the moves required meant the employer or others who are required to make moves in the bidragspliktiges salary etc. in pursuance of section 11.
With close relatives will mean children, grandchildren, parents, grandparents, siblings, cousins, uncle, aunt, nephew and niece.

§ 4. The Collections Center Collection after the law here is made of the labour and Welfare Agency's collections Central (the Collections Center). The Collections Center is subject to the labour and welfare.
The Ministry may decide that the collection should take place through a special contribution bailiff if one of the parties live abroad. The rules in the law here also applies to such special contribution so far the bailiff fits.

§ 5. When the collections Centre to make the collection the recipient or the bidragspliktige Contributor may at any time require that future support to be paid to the collections call centre. The same applies to contributions that are overdue until one year prior to the month when the requirement for the collection are set forth. The Collections Center can also take over the collection of past due contributions further back in time if there are special reasons why the contribution recipient has not set forth the claim earlier.
The Collections Center should always collect the total alimony when the national insurance scheme are entitled to a refund of contributions for paid contributor forskott after forskotterings the law. The Collections Center shall also collect contributions determined by child protection law § 9-2 on the basis of care take over.

section 6. The relationship of fatherhood collection of alimony to the child may not be implemented before paternity is determined by the rules in the children's Act. Contributions required before a judgment is enforceable, or after a paternity suit is reopened or it is raised on the change of paternity, to accrue and be made up first when the case is finally settled.

section 7. Enforceable decision or written agreement about alimony and other claims that after the law here or other laws shall be levied by the collections Centre, is enforceable for disbursements. This also applies when the Collections Center sends the petition for writ of execution to the enforcement officer under section 16. Contribution requirements that are transferred for private collection after § § 17 and 30, the obsessive-compulsive Foundation.

Chapter 2. Collecting section 8. Starting of the contributor to the collection the bailiff to transfer the case to the collection when the request if this is received and it is clear that there is a basis for levying, jf. section 5 and child law § 78.
When it is necessary to prevent the collection be delayed substantially, to the collection of future installments will be implemented without waiting for clarification of whether there is a basis to collect contributions for the tilbakelagte period of time.

§ 9. Payment deadlines The bidragspliktige to ukrevd and without delay pay overdue contribution periods to collections call centre.
Ongoing support to be paid forskottsvis for each month and at such an early stage that the contribution may be contributing the recipient in the beginning of may each month. Payment deadline determined by the collections call centre.

§ 10. The payment scheme by default If the payment time limits under section 9 is not held, the bidragspliktige within eight days after the deadline under the right Collections Center about the reason for this and at the same time give an account for their work-, income-and financial conditions.
If the Collections Center finds it appropriate, bidragspliktige offered a payment arrangement.

section 11. Deduction in pay or benefits will be a contribution not paid by the due date, can the collections Centre without delay by the term levy moves in the overdue debtor's requirements on pay or other similar benefits under the rules of coverage section 2-7.
When the debtor has defaulted on his donation obligation and not security, it can be given an order of moves also for uforfalte contribution requirements.
Contributions imposed one that works in your spouse's, samboerens, parental or other close relatives ' business, claimed in the aforementioned people. This applies only if there is reason to suspect that it or they close associates contribute to the neglect of the contribution obligation.

§ 12. Trekkpliktiges tasks etc. If the move does not comply with the obligation by virtue of your move after Enforcement Act section 7-22, to the person concerned as soon as possible inform the dispatcher the reason for the Collection of the omission.
Claims against the move obliged after the Enforcement Act section 7-22 third paragraph is required by the Collections Center under the rules of the law here.

section 13. Business for utleggs mortgage that can be made of the Collections Center Collections Center can levy overdue contributions by to raise pledge utleggs for the claim if the mortgage default can be given legal protection by registration in a registry or by notification to a third person, cf. mortgage law Chapter 5, and utleggs can be kept on the business Collections Center Office after Enforcement Act § 7-9 the first paragraph.

section 14. Special coverage access Collections Center can offset past due contributions in excess tax prepayment amount for tax billing and claim payment in the back of the sales tax paid for much or other public fees.
The Collections Center can also set off past due contributions in other claims that the bidragspliktige has on the public, including for the payment of benefits for insurance law and other fundraising laws, provided that after the law is access to coverage to take in the appropriate expense claims.

section 15. Temporarily securing the Collections Center can lust after arrest for claims that it collects by law here.
Before the paternity question is finally settled, to the arrest be filed as after that the mother informs can be the father of the child.

section 16. Utleggs business for ordinary namsmann Find the Collections Center that overdue contributions should be sought in recovering by business for utleggs security in cases where it is not even can keep the business, sending the petition for writ of execution to the enforcement officer. Compulsory coverage in the formuesgodet that it's taken disbursements in, going on according to the rules in the Enforcement Act.

§ 17. Beløpsmessige limitations in cases in which the contribution has ceased to run, can the Collections Center end the collection of individual debt if total liabilities in the case is lower than a half court fees. Debt to the public should in that case be deleted, while private debt is transferred for private contribution recipient collection.

§ 18. Contribution requirement protection by bankruptcy, etc. The part of wages, etc., that the move obliged to hold back, cannot be drawn into the bidragspliktiges bankruptcy stay and also not be done to the subject of disbursements or other forced forføyninger from the claims have res page.

Drawn amount cannot be drawn into the trekkpliktiges bankruptcy stay or otherwise be subject to proof of claim have res forføyninger. The drawn amount belongs to individual creditors, and shall by bankruptcy without delay transferred to collections call centre.

Chapter 3. Disclosure section 19. Bidragspliktiges disclosure Bidragspliktige to ukrevd, and within eight days, enlighten the Collections Center on change of stay or residence.
The Collections Center may require that the bidragspliktige provides information about their work, income and wealth relationship. The same applies to other information that may be of importance for the assessment of his or her solvency, jf. coverage law § 2-7.

section 20. Disclosure of the employer, etc. The Collections Center may require that the employer or others who pay out salary or performance, gives details of the bidragspliktiges income and wealth relationship.

§ 21. Disclosure for other Collections Center may require the tax authorities, provides information on income and financial conditions to bidragspliktige as well after the earlier equations that after the last tax return, and also about how the schedule's okay is framkommet. The Collections Center can further require that the tax office provides information on inheritance and gifts as it is to be given the message by law 19. June 1964 No. 14 about the tax on inheritances and certain gifts.
The Collections Center may require that insurance companies, banks and others who have financial values to custody or management, to give information about the Collections Center funds belonging to a bidragspliktig.
Bidragspliktiges related that it be implemented against section 11 the collection after the third paragraph, may be ordered to provide information about the Collections Center their work, income and wealth relationship. The Collections Center in such case can also require information about the related according to the rules in the first and second paragraph.
Labour and welfare may also require information as mentioned in paragraph here.

Chapter 4. Case management and complaint section 22. Case management By the Collections Center enforcement by law here applies to enforcement Act § 1-2 second paragraph, sections 5-6 to 5-15, § § 5-17 to 5-19, 7-9 and § § 7-11 to 7-28 on the implementation of the utleggs the business etc. so far they fit.
Offset under section 14 is conducted by the Collections Center gives orders to the to make the payment on behalf of the public interest to transfer the relevant amount to the Center. At the same time should the debtor be given notification of the offset and of the appeal deadline under section 23 the second paragraph.

§ 23. Complain about enforcement and offsetting Enforcement Act § 5-16 about the complaint also applies to decisions on enforcement by law here.
The opportunity to complain after the first paragraph also applies to the decision against the Bill under section 14. Appeal deadline is one month after the offset is made.
If there is reason to assume that a closer justification for the decision can cause the complaint is withdrawn, the collections Centre, without the impediment of the rules in the Enforcement Act § 5-16 second paragraph other periods, give the complainant the rationale with the matter of the complaint is maintained.

section 24. Complain about other decisions, etc. Individual decisions taken by the Collections Center and who do not go out on enforcement, can be appealed to the nearest parent body or to the body that labor and welfare Directorate determines under the rules of administrative law chapter VI.
Offer of or changing payment scheme under section 10 cannot be appealed.

Chapter 5. Tilbakekreving of contributions and contribution forskott etc.

§ 25. Tilbakekreving by double elevation of the payment order if an order for payment of the contribution or contributions forskott for a forward has come away, and it is issued a new order to the statement from the recipient to return the previous instructions if it were to get to the right, it is for the very paid due to the recipient raises the directions, both in the nets later payment term.
If it is not paid for the very can be made up as mentioned in the first paragraph, the amount claimed under the rules of the law here.

§ 26. Tilbakekreving by wrong payments amount paid to have the Collections Center people who had no claim on the payment, to request repayment if the who has received the payout understood or should have realized that it was due to an error.
The provision in the first paragraph also applies to alimony to a spouse or children who bidragspliktige have paid directly to the individual recipient after bidragspliktige is made aware that payments should be made to collections call centre. That payment directly to the individual recipient is considered also the payment to third parties after the urging of contribution recipient.

§ 27. Settlement by payment of contributions to other than the Collections Center Bidragspliktig that is made aware of that the contribution to be paid to the collections Centre, may be ordered to pay the amount again if bidragspliktige still pay the contribution to the other. This applies only to the extent that the contribution will not be collected from the recipient under section 26 the second paragraph.

section 28. The collections the way amount required back under section 26 or after the order to pay again after § 27, claimed of the Collections Center under the rules of the law here. At the back the payment requirements that target individual receiver, it can still be made moves in the ongoing installments or in following the payment of contribution forskott or contributions.

section 29. Case management and the implementation of the decision decision on tilbakekreving after § § 25 and 26 and the order under section 27 will hit by the entry hall. Decision may be appealed to the nearest parent body or to the body that labor and welfare Directorate determines.
Collection after § § 26 and 27 can not be implemented before any complaint is settled.

Chapter 6. Different provisions § 30. Contributor contributor An irrecoverable requirements requirements be considered uerholdelig when the Collections Center have tried levying under the rules of the law here without it being registered payments the past two years.
In cases with irrecoverable claims may contribute collections measures be limited to regular computer control against available records, and such claims should be taken out of the ordinary individual accounts.
Contribution requirements that have been considered as irrecoverable for at least eight years, should no longer levied by law here. Public contribution requirements should then be deleted. The part of the claim which belongs to a private party to transfer that person for private collection. The provisions of the link here does not apply if it is still ongoing contribution in the case.

section 31. The Collections Center party position Collections Center performer the State's Party position at the obsessive-compulsive business for enforcement officer and other judicial treatment in connection with the collection and securing of claims by law collectible here.
The Collections Center can including covet bankruptcy and generally acting as claimant in cases of debt negotiation, debt settlement, Manager of the estate, forced chord and bankruptcy to attend to the national insurance scheme claim the refund in contributions for coverage of listed contributors forskott. To the extent that it is private in these matters, requirements acting Collections Center also in behalf of the contribution recipient.
Labour and welfare can take over the conduct of the party position in individual cases or groups of cases.

section 32. Ettersøking When bidragspliktiges whereabouts are not known, the collections Centre require the person wanted through the police.

section 33. Penalty provisions it as intentionally or negligently fails to pay ongoing contribution or contribution debt incurred under this Act, even if he or she has or has had the means to pay or ability to acquire funds, punishable by fines or by imprisonment for up to six months. This does not cases where paternity is disputed and the contributions levied before the pending judgment in paternity suit.
Moves required that intentionally or negligently fails to make moves or pay further drawn amount, cf. Enforcement Act section 7-22, is punishable by fines.
The one that intentionally or negligently contravenes disclosure obligation pursuant to section 10, section 12 the first paragraph or sections 19 to 21 by failing to provide information or give incorrect information, is punishable by fines or by imprisonment for up to three months.
The aging time limit for access to travel criminal case after the law here is five years.

section 34. The payout the way Payments made by the Collections Center occurs by transfer to a bank account here in the country if the recipient has or creates such an account. The collections Centre may require information about the recipient's account number from the other public body.
If the recipients do not have bank account here in the country, be selected taking into account the payout the way the recipient's desire. By payment to overseas recipient must cover more costs in relation to the transfer to a bank account in Norway. More costs can be offset in the payouts.

section 35. The national insurance scheme funds the rules on duty to keep the national insurance scheme funds separated from other funds, etc. After insurance law § 23-11 applies.

section 36. Regulations the Ministry provides regulations on the implementation of the provisions of the law here, including whether a) collection and accounting treatment of irrecoverable contribution requirements etc. under section 30, including rules about when a claim shall be considered uerholdelig and about the cessation of collection and deletion of requirements, b) order between government requirements and bidragsberettigedes distribution of requirements collected alimony, c) interest rates or fee for delayed payment of contributions, d) implementation of the provisions of section 34 of the payment the way for contributions, etc. It can be determined that certain matters including, or types of cases to exempt itself from the paragraph, e) how move obliged to pay drawn amount to Collections Center and about trekkpliktiges the authority to rule over the drawn amount.

section 37. Ikraftsettings and transitional provisions the law applies as of the time the King decides. 1 from the same time repealed law 9. December 1955 No. 5 about the collection of alimony, etc. (the contributor collections law).
The law apply also for cases where the collection is initiated or petitioned initiated before the ikraftsetting, yet so that the penalty provisions of section 33 applies only to offenses that take place after the ikraftsetting.

section 38. Changes in other laws from the time the Act comes into force, the following changes in other laws:-