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An Overview of the Norwegian System of Child Support Establishment, Variation and Enforcement Norway

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Title: An Overview of the Norwegian System of Child Support Establishment, Variation and Enforcement Norway


1
An Overview of the Norwegian System of Child
Support Establishment, Variation and
EnforcementNorway USA conference callJuly
2006
2
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3
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4
The Organizational Pattern of the National
Insurance Service
5
Organisation of child-support collection
6
National Office for Social Insurance Abroad (FFU)
The Child Support Unit
  • A central office for the National Insurance
    Services work with foreign matters
  • deals with 10 of all the child support cases in
    Norway
  • one third of the cases against the Nordic
    countries (Sweden, Denmark, Finland, Iceland)
  • the obligor lives in the US in 6 of the cases
  • we enforce 73 of the stipulated child support in
    our U.S. cases
  • there are 9 million US dollars in child support
    arrears from US obligors

7
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

8
The Children Act
  • Parents have the obligation to
  • bear the expenses of maintaining and educating
    the child according to the childs 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 may ask the local National
    Insurance office to establish a child support
    order
  • Norwegian authorities have the jurisdiction to
    establish a child support order
  • if the child or one of the parents lives in
    Norway
  • most of the child support orders are established
    administratively
  • we establish child support orders only if the
    parties do not make mutual agreement on the child
    support amount

9
Legislation in Norway
  • When establishing a child support order
  • both parents economical situation will be taken
    into consideration
  • the number of children and their age
  • the obligors ability to pay support

10
The Advance Payment of Maintenance Act
  • A child who resides in Norway
  • actually lives in Norway
  • not living with both parents
  • is entitled to receiving advance child support
    payments from the Norwegian State
  • 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 CPs 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 1250 per
    month per child (approximately 180 USD).
    Depending of the circumstances above, she/he can
    receive 100, 75, 50 or 0 of the full amount.

11
The Maintenance Payments Recovery Act
  • The Maintenance Recovery Center (TI The
    National Insurance Service Agency for the
    Recovery of Maintenance Payment)
  • shall collect the child support if the person
    entitled is in receipt of advance payment
    (resides in Norway)
  • the custodial parent may at any time request that
    the child support shall be collected by TI
  • a foreign authority may at any time request that
    the child support shall be collected by TI
  • Collection ordered in a foreign country will
    depend on
  • the foreign state has reciprocal agreement with
    Norway or
  • is member of one of the Hague Conventions

12
Norways 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 58
  • convention on the recognition and enforcement of
    decisions relating to maintenance obligations in
    respect to children
  • The Hague Convention 73
  • convention 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

13
International Work on Child Support in Norway a
Historical Overview
  • Up to 1990 international child support cases were
    handled by the local child support enforcement
    offices
  • some offices had scarcely one foreign case per
    year
  • From 1991 the work with all foreign cases is
    centralized
  • From 1992 the work with child support was
    transferred from the municipalities to the
    National Insurance Administration
  • The foreign cases have since then been handled by
    the National Office for Social insurance Abroad
    (FFU)
  • collected amount before 1991 was practically 0
  • collected amount today is 63 of the monthly
    amount due in all cases with the obligor abroad
  • From Germany 77
  • From the US 72
  • From the Nordic countries 70
  • From Greece 21

14
Working International Cases in Norway
  • FFUs responsibilities
  • establishment of child support orders in cases
    where one of the parties lives abroad
  • upon request from the custodial parent or the
    absent parent or from foreign authorities or on
    our own initiative
  • receiving agency for request for enforcement of
    foreign child support orders
  • under the Nordic convention, the Hague convention
    and the US/Norway agreement

15
Working International Cases in Norway
  • According to the Children Act, Norway will always
    have jurisdiction to establish a child support
    order when one of the parties or the child lives
    in Norway.
  • This means that a request for establishment of a
    child support order from a foreign country is
    independent of the requesting country being a
    member of one of the conventions or the existence
    of a reciprocal agreement

16
Working International Cases in Norway
  • Centralization has been of great importance
  • Norway is a small nation (4,5 millions
    inhabitants)
  • Manuals for the most important countries
  • simplifies the work with foreign cases
  • new caseworkers can easily and fast handle
    foreign cases
  • Conventions are our main instruments
  • the Nordic convention
  • the two Hague conventions
  • the agreement between the US and Norway
  • FFU has built extensive net of contacts
  • with foreign child support authorities
  • with persons working with child support around
    the world

17
THE ASSESSMENT RULES The child support amount
will be stipulated on the basis of the
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.  
18
The maintenance cost will increase with the
childs age and is divided into three age groups
0 5 years, 6 10 years and 11 years and
more.   The maintenance cost will be divided
between the parents in proportion to their
individual income. The NCPs share of the cost
will be rounded off to the nearest sixth of the
maintenance cost.  
19
  A partys income will be settled by discretion
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 if he/she has no income at
all.  
20
When the child support amount is stipulated 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.
21
The total child support amount (for all NCPs
children) cannot exceed 25 of the NCPs income.
22
The child support amount will be reduced if the
parents enter a written agreement, or the court
issues an order stating that the child shall
spend an average of at least two days in a month
with the NCP.
23
The reduction will be stipulated on the basis of
the average number of nights per month the child
spends with the NCP. The reduction increases
with the extent of time spent with the child.
The reduction is divided into four groups 2 3
nights, 4 8 nights, 9 13 nights and 14 15
nights, and increases with the age of the child.
24
Both parties may at any time apply for a
variation of a previous agreement or order.
There will be issued a new order if the
variation exceeds 10 per cent of the previous
amount.
25
The obligation to pay child support normally
ceases from the month following the childs 18th
birthday.   If the child continues at school
after he/she reached the age of 18, he/she may
apply for stipulation of support for the
duration of the school.  
26
National Insurance Service Collection
Agency
  • Central agency which collect child support in
    Norway
  • very efficient and collect 97 of all stipulated
    child support
  • from abroad all cases and questions have to be
    forwarded to FFU (National Office for Social
    insurance Abroad)
  • From 2003 they also will collect from obligors in
    the Nordic countries

27
How are collections in Norway organized?
  • Who does what? (Business task and distribution)
  • County National Insurance offices settle the
    amount of child support to be paid
  • There are about 450 of these offices in Norway.
  • The Maintenance Recovery Center (TI - National
    Insurance Service Collection Agency) collects the
    child support and accumulated arrears
  • Determines the ability to pay and stipulates the
    monthly amount that is to be collected from the
    NCP.
  • Makes the final decision on what measures to be
    done to collect the outstanding amounts.

28
Stipulating child support amounts
  • The childs need for economic support is to be
    divided between both parents economically, and
    should be as fair as possible.
  • Regulations should encourage continuing the
    contact and caring by both parents
  • Private solutions should be an option when paying
    the support
  • Agreements between the parents are to the best
    for everyone
  • Consequences
  • More parents settle the child support payments
    without state interference
  • Fewer cases for the state to handle
  • Less expenses for the state
  • If the state has to settle a case a fee is
    required in the national cases
  • More complicated regulations

29
Why a centralized unit?-Goals
  • The centralized collection office was established
    in 1992.
  • Previously, the collections were spread all over
    Norway.
  • The objectives in establishing such a unit were
    the following
  • Secure good collection results
  • Reduce the total child support arrears
  • Cover the expenses endured by the state.
  • Fast handling for the receiver
  • Centralize the collection function at one
    location

30
Why a centralized unit?-continued
  • What goals have been reached 14 years after
    establishing the central unit?
  • We have reached our collection goals
  • We have established a unit with solid collection
    knowledge
  • We have intensified the collection efforts in
    the Nordic countries
  • We have developed software for collection and
    enforcement of child support
  • We have established routines and procedures for
    collecting child support
  • 100 of the collected amounts have been forwarded
    to the receivers within a set time

31
Tools used to achieve 97-Voluntary payment
  • 40 of the child support paid to us is done so in
    one of the following manners
  • Agreed bank endorsements
  • Direct deductions
  • Invoice billing

32
Tools used to achieve 97-Coercive means
  • 60 of the cases are collected by one of the
    following methods
  •  
  • Automatic deduction from wages, benefits,
    military income etc.
  • Deduction from settlements resulting in a larger
    amount being paid out in the form of benefits
    from the social welfare system.
  • 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

33
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
    persons social security number to check for
    registered information concerning the payee in
    the available registers
  • Employers registered in Norway
  • State benefits
  • Other benefits or payments that is due to the
    payee.
  • If the payee 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
    out amongst the following registers
  • Motor vehicle
  • Property
  • Stocks and bonds
  • If anything is found here, a lien on items
    belonging to the payee will be put forth

34
CONCLUSION- HOW TO ACHIEVE 97?
  • Centralized unit
  • One unit will give good effective collection
  • Knowledge
  • One unit gathers the knowledge in one area
  • One unit strengthens and increases the efficiency
  • Good computer systems
  • Specially developed programs gives potential to
    advance the systems down the line
  • Means
  • Good means to use in the collection effort
    -especially in regards to laws and regulations
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