Presentation on theme: "An overview of the Norwegian System of Child Support Establishment, Modification and Enforcement August 2012."— Presentation transcript:
An overview of the Norwegian System of Child Support Establishment, Modification and Enforcement August 2012
Slide 2 Organizational Structure The Ministry of Labour The Ministry of Children and Equality Directorate of Labour and Welfare NAV National Office for Social Insurance Abroad, Oslo NAV Nat. Insurance Collection Agency, Kirkenes
Slide 3 National Office for Social Insurance Abroad The Child Support Unit A central office for the National Insurance Service’s international cases, located in Oslo, Norway deals with 10% of all the child support cases in Norway 40 % of cases with the Nordic countries (Sweden, Denmark, Finland, Iceland) the obligor lives in the US in 9% of the cases there are 13 million US dollars in child support arrears from US obligors
Slide 4 The Norwegian legislation on child support The rights for and the obligation to pay child support – Children Act of 8 April 1981 nr 72 The right for advance child support payments – Advance Payment of Maintenance Act of 17 February 1989 nr 2 The collection of child support and alimony – The Maintenance Payments Recovery Act of 29 April 2005 no. 20
Slide 5 The Children Act Parents have the obligation to – bear the expenses of maintaining and educating the child according to the child’s ability and aptitude and the financial circumstances of the parents, when the child itself does not have the requisite means – the absent parent is obliged to pay monthly child support The parents may agree upon the child support amount or they can ask the local National Insurance office to establish a child support order for a small fee (there is no fee in international cases) Norwegian authorities have the jurisdiction to establish a child support order if the child or one of the parents lives in Norway
Slide 6 Legislation in Norway When establishing a child support order we take into consideration –both parents’ financial situation –the number of children and their ages –the obligor’s ability to pay support
Slide 7 The Advance Payment of Maintenance Act A child who resides in Norway is entitled to receive advance child support payments from the Norwegian State – If the child actually lives in Norway – If not living with both parents – if the child support agreed upon or ordered is collected by the authorities – even if the paternity has not been established – even if a child support agreement or order has not been established The advance child support is subject to means testing. The amount depends on the CP’s gross income, if she/he lives with another adult person, and if she/he lives with other own children. A full advance support is NOK 1430 per month per child (approximately 240 USD). Depending of the circumstances above, she/he can receive 100, 75, 50 or 0 % of the full amount.
Slide 8 The Maintenance Payments Recovery Act The NAV National Insurance Collection Agency shall collect the child support - if the person receives advance payments (resides in Norway) – the custodial parent may at any time request that the child support shall be collected by the Collection Agency – a foreign authority may at any time request that the child support shall be collected by the Collection Agency Collection ordered in a foreign country will depend on whether – the foreign state has a reciprocal agreement with Norway [or] – is a member of one of the Hague Conventions Any foreign order must first be recognized by the National Office for Social Insurance Abroad.
Slide 9 Norway’s International Obligations Regarding Child Support The Nordic Convention – convention between Norway, Denmark, Finland, Iceland and Sweden on enforcement of child support and alimony (1962) The UN convention – convention on the recovery of maintenance abroad (the New York Convention 1956) The Hague Convention 1958 The Hague Convention 1973 The Hague Convention 2007 – conventions on the recognition and enforcement of decisions relating to maintenance obligations The Lugano Convention – Convention on jurisdiction and the enforcement of judgments in civil and commercial matters A reciprocal agreement between the US and Norway from June 2002
Slide 10 Handling International Cases in Norway Centralization has been of great importance – Norway is a small nation (5 millions inhabitants) Most child support orders are established administratively and not by the courts We have employees with good foreign language skills Conventions are our main instruments – the Nordic convention – the two Hague conventions – the agreement between the US and Norway
Slide 11 The Assessment Rules The child support amount will be determined on the basis of a statistical maintenance cost for supporting the child. The maintenance cost is calculated on the basis of consumption expenses, living expenses and any costs of child care. In international cases, child support is always determined by discretion. When the child resides abroad, the maintenance cost will reflect the general cost-of-living expense in the country of domicile.
Slide 12 The Parents’ Incomes The parents’ incomes will be imputed if he/she does not submit the requested documentation, or there are reasons to believe that he/she is withholding information material to the decision or he/she has no reasonable justification for having a significantly lower income than he/she could obtain or no income at all
Slide 13 The Non-Custodial Parent’s Income When the child support amount is determined by the authorities, the NCP is entitled to retain a certain minimum of his/her income to maintain him-/herself and any own children in his/her household. The consequence of this may be that the support will be reduced or set aside completely. The total child support amount (for all NCP’s children) cannot exceed 25 % of the NCP’s income. We will take into consideration if the parents have an agreement or a court order stating that the child spends an average of at least two days in a month with the NCP.
Slide 14 Modification and Child Support Above the Age of 18 Both parties may at any time apply for a modification of a previous agreement or order. A new order will be established if the variation exceeds 12 % of the previous amount. The obligation to pay child support normally ceases from the month following the child’s 18 th birthday. If the child continues at school after he/she reached the age of 18, he/she may apply for establishment of a new support order for the duration of the high school education.
Slide 15 Paternity It is the state’s responsibility to establish paternity for all children born in Norway When paternity has not been established and the alleged father lives in Norway, NAV can assist with establishment of paternity in Norway An application for establishment of paternity can be sent to the National Office for Social Insurance Abroad, and we will forward it to the correct NAV Administration Office
Slide 16 NAV National Insurance Collection Agency A central agency which collects child support in Norway, located in Kirkenes 40% of the child support paid to them is done so in one of the following manners: – Agreed bank endorsements – Direct deductions – Invoice billing 60% of the cases are collected by one of the following methods: – Automatic deduction from wages, benefits, military income etc. – Lien on: – Personal property: Home, Cabin, Car, Motorcycles, Airplanes, and Boats etc. – Other: Bank accounts, stocks, bonds and securities – Tax returns – Settlements from inheritance and bankruptcies – Arrests, Notice to the police, surveillance, confiscate passports, prohibit travels abroad – Demand bankruptcy
Slide 17 Routines for billing, second notices and past due accounts Every case will be invoiced once a month. This includes child support, and if necessary, debt (if there is any). – No payment – second notice Still no payment- automatic routines are put into force. This means that the system will use the person’s social security number to check for registered information concerning the obligor in the available registries: – Employers registered in Norway – State benefits – Other benefits or payments that are due to the obligor – If the obligor is registered in any of these categories, a deduction is put into force. Cases are checked every month Further down the line the case will be checked amongst the following registries: – Motor vehicle – Property – Stocks and bonds – If anything is found here, a [lien] on items belonging to the obligor will be put forth
Slide 18 Payment of Child Support All payments of child support to NAV should be made to the Collection Agency at the following address: NAV National Insurance Collection Agency 9917 Kirkenes Norway Tel.: +47 21 05 11 00 Fax:+47 21 05 11 01