Best Child Support Lawyers in Borgholm

About Child Support Law in Borgholm, Sweden

Child support in Sweden is the legal responsibility of parents to contribute to the costs of their child’s upbringing. The rules apply nationwide through the Swedish Parental Code and Social Insurance Code, and they are the same for families living in Borgholm. If a child primarily resides with one parent, the other parent usually pays child support, called underhållsbidrag. If the paying parent cannot or will not pay, the Swedish Social Insurance Agency may step in with underhållsstöd and then recover amounts from the non-paying parent. Parents can agree on support privately, seek help from the municipality’s family law services for mediation and approval, or ask a court to decide. The goal is to ensure the child’s needs are met in a fair way based on each parent’s financial ability.

Why You May Need a Lawyer

Many families manage to agree on child support without going to court, often with help from municipal family law services. A lawyer can be valuable when negotiations are difficult or when legal questions are complex. Typical situations include disputes about the amount of support, significant differences in income or time with the child, self-employment or irregular income that complicates calculations, claims for retroactive support, modification of an existing agreement due to changed circumstances, enforcement when payments stop, cross-border cases when a parent lives abroad, questions tied to custody, residence, or contact arrangements, and paternity or legal parenthood issues. A lawyer can help you gather the right financial information, propose a sustainable agreement, represent you in court if needed, and ensure any agreement is enforceable.

Local Laws Overview

Sweden’s child support rules come from national law, primarily the Parental Code and the Social Insurance Code. These rules govern parents in Borgholm just as anywhere else in Sweden. Parents must support their child until age 18, and up to age 21 if the child is in full-time upper secondary education and still needs support. If the child lives mainly with one parent, the other parent typically pays underhållsbidrag monthly in advance. The amount is based on the child’s needs and each parent’s ability to pay after reasonable living costs. Needs usually include housing, food, clothing, healthcare, school and leisure expenses, and often a fair share of travel costs for contact with the other parent. If parents have near equal time and similar finances, there may be no payment at all, but differences in income or time with the child can justify an equalizing payment.

In Borgholm, the municipality’s family law services, often called Familjerätten, can offer cooperation talks to help parents reach an agreement. An agreement on underhållsbidrag can be submitted for approval by the municipal social welfare committee, which makes the agreement legally enforceable similar to a court judgment. If agreement is not possible, you can apply to Kalmar District Court for a decision. If a parent does not pay, enforcement is handled by the Swedish Enforcement Authority, and late payment interest can apply under the Interest Act. If payment is uncertain or missing, the Swedish Social Insurance Agency may pay underhållsstöd as a safety net and then claim repayment from the liable parent. Child support and maintenance support are tax free in Sweden, and the paying parent cannot claim a tax deduction.

Frequently Asked Questions

Who has to pay child support and for how long

Both parents have a duty to support their child. If the child primarily lives with one parent, the other parent usually pays underhållsbidrag. The duty to support continues until the child turns 18, and up to 21 if the child is in full-time upper secondary education and still needs support. After the child turns 18, any support is typically paid directly to the young adult.

How is the child support amount calculated

The amount is based on the child’s reasonable needs and the parents’ financial ability. Needs often include housing, food, clothing, healthcare, school materials, leisure activities, and travel for contact. Each parent’s ability is assessed after reasonable living expenses. The time the child spends with each parent is considered, since the parent caring for the child incurs costs during that time. The Swedish Social Insurance Agency provides guidance and a calculator to help estimate an amount.

What happens if the other parent does not pay

If payments stop or are uncertain, you can apply for underhållsstöd from the Swedish Social Insurance Agency. If granted, the agency pays you a set monthly amount and then pursues the other parent for repayment. If you have an enforceable agreement or a court decision, you can also apply to the Swedish Enforcement Authority for collection. Late payment interest may accrue according to the Interest Act.

Do we need a court decision or can we write our own agreement

Parents can write their own agreement on underhållsbidrag. To make it enforceable without going to court, you can ask the municipal social welfare committee, via Familjerätten in Borgholm, to review and approve the agreement. An approved agreement has the same enforceability as a court judgment. If you cannot agree, you can apply to the district court for a decision.

How does shared residence or equal time affect child support

If the child lives equally with both parents and the parents have comparable finances, there may be no payment. If incomes differ significantly, an equalizing payment can still be appropriate so that the child has a similar standard of living in both homes. Regular overnight stays with the paying parent can reduce the amount, since that parent covers costs during those days.

Can child support be changed later

Yes. If circumstances change, such as income, housing costs, childcare fees, the child’s needs, or the schedule for where the child lives, you can renegotiate. If you have an approved agreement, you can make a new one and have it approved. If you have a court decision, you can apply to court to modify it. Many parents review support annually and consider adjusting for inflation if the agreement provides for indexation.

Is child support taxable

No. Underhållsbidrag and underhållsstöd are not taxable for the recipient, and the paying parent cannot claim a tax deduction. Payments should be made as agreed and documented, but they are not declared as income or deductions.

Can support be claimed retroactively

Often yes, up to a limited period. As a general rule, courts can award underhållsbidrag retroactively for a certain period before the claim is made, commonly up to three years, provided legal requirements are met. Evidence of the child’s needs and the parents’ finances during the retroactive period is important. Seek legal advice promptly if you intend to claim past support.

What if a parent lives abroad

Child support can be set and enforced across borders. Sweden participates in international and EU frameworks that help establish and recover child support from parents living in other countries. The Swedish Social Insurance Agency and the Swedish Enforcement Authority can assist with cross-border matters. A lawyer can help identify the correct procedure based on where the other parent lives.

What is the difference between underhållsbidrag and underhållsstöd

Underhållsbidrag is the amount one parent pays directly to the other based on the child’s needs and the parents’ ability to pay. Underhållsstöd is a state safety net paid by the Swedish Social Insurance Agency when the liable parent does not pay or payment is uncertain. The agency may then seek repayment from the liable parent. Underhållsstöd can also be extended while a young person attends upper secondary education, typically up to the month they turn 20, if requirements are met.

Additional Resources

Swedish Social Insurance Agency - Försäkringskassan. Provides guidance, calculators, decisions on underhållsstöd, and information about maintenance obligations.

Borgholm Municipality - Familjerätten within the social services. Offers cooperation talks, helps draft and submit agreements on maintenance for approval by the social welfare committee.

Kalmar District Court - Kalmar tingsrätt. The local court that handles disputes about child support, custody, residence, and contact for residents of Borgholm.

Swedish Enforcement Authority - Kronofogden. Handles enforcement and collection of unpaid child support when there is an enforceable decision or approved agreement.

Swedish Bar Association - Advokatsamfundet. Helps you find qualified family law lawyers.

Legal Aid Authority - Rättshjälpsmyndigheten and your home insurance provider for legal protection coverage called rättsskydd. These can help with legal costs for eligible individuals.

Next Steps

Start by gathering key information. Collect proof of income for both parents, a budget of the child’s needs including housing share, childcare fees, school costs, healthcare, and leisure, and a clear description of the child’s living schedule and travel for contact. Use Försäkringskassan’s calculator and guidance to estimate a reasonable amount based on needs, time with the child, and the parents’ ability to pay.

Try to reach a written agreement. Contact Familjerätten in Borgholm for cooperation talks and help drafting an agreement. Ask the municipal social welfare committee to approve the agreement so it becomes enforceable. Keep records of all payments and communication.

If agreement is not possible or payments are uncertain, consult a family law lawyer. Ask about court options, enforcement through the Swedish Enforcement Authority, and whether you qualify for legal aid or insurance legal coverage. If the other parent does not pay, apply for underhållsstöd with the Swedish Social Insurance Agency without delay.

If you anticipate changes, build in review points. Consider annual reviews, possible indexation to keep amounts current, and a plan for adjusting support when the child’s needs or the parents’ finances change. If your situation involves cross-border issues, seek legal guidance early to use the correct international procedures.

This guide is for general information. For advice tailored to your situation in Borgholm, speak with a qualified family law professional or contact the local family law services.