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Free Guide to Hiring a Family Lawyer
In Sweden, including Vaxjo, both parents are legally obligated to support their child financially according to the child’s needs and each parent’s ability to pay. When parents live apart, child support is commonly arranged in one of two ways. Parents may agree on a private child support payment known as underhallsbidrag. If a parent does not pay or payment is unreliable, the Swedish Social Insurance Agency may pay maintenance support known as underhallsstod and then seek reimbursement from the non-paying parent. Child support can be set by a written agreement approved by the municipality’s social welfare board or decided by the district court. The guiding principle is the best interests of the child and a fair distribution of costs based on income and circumstances.
Although many parents reach amicable agreements, legal support can be helpful in several common situations:
- You and the other parent cannot agree on the amount of child support, how to share larger expenses, or from what date payments should start.
- There is a significant difference in incomes or living arrangements and you need a tailored calculation that reflects your child’s actual needs and each parent’s ability to pay.
- You want a binding, enforceable agreement and need help drafting terms the municipality can approve or that a court can adopt.
- The paying parent has stopped paying, has fallen behind, or you need to enforce arrears with the Swedish Enforcement Authority.
- Your or the other parent’s circumstances have changed, such as job loss, higher income, new children, or changes to the child’s housing or school needs, and you want to modify an existing agreement or court order.
- There are cross-border aspects, such as the other parent living abroad, and you need help with jurisdiction, service, recognition, or enforcement in another country.
- Paternity or legal parenthood needs to be established before support can be set.
- Legal basis: The obligation to support a child is governed mainly by the Swedish Parental Code. Maintenance support through the Social Insurance Agency is governed by the Social Insurance Code. Enforcement of debts is handled by the Swedish Enforcement Authority under national enforcement and interest laws.
- Who pays: Both parents contribute in proportion to their financial ability. If the child lives primarily with one parent, the other parent usually pays underhallsbidrag. If the child lives roughly equally with both parents, direct child support is often unnecessary, though parents can still agree on a balancing payment or how to share larger costs.
- Duration: The duty to provide support generally lasts until the child turns 18. If the child is in upper secondary school when turning 18, support usually continues until schooling ends, but no longer than until the child turns 21. After 18, payments are normally made to the child directly if schooling continues.
- How amounts are set: The amount is based on the child’s reasonable needs and the parents’ combined financial capacity. Typical cost items include housing, food, clothing, healthcare, childcare fees, school supplies, transportation, and leisure. Public benefits such as child allowance and study grants are taken into account. Consumer cost guidelines published nationally are often used to estimate reasonable needs.
- Agreements: Parents can sign a written agreement. If approved by the municipal social welfare board via the family law unit, the agreement becomes enforceable like a court judgment. This is available in Vaxjo through the municipality’s family law services.
- Court decisions: If no agreement is possible, the application is made to the district court serving Vaxjo for a decision on child support. The court weighs the child’s needs and both parents’ finances and can set retroactive support within legal limits.
- Underhallsstod: If the paying parent does not pay, the Social Insurance Agency may pay maintenance support at national rates and then claim reimbursement from the non-paying parent based on income. The Agency also provides calculation help for private underhallsbidrag.
- Enforcement: Unpaid, enforceable child support can be collected by the Swedish Enforcement Authority. Statutory default interest may accrue on late payments. Periodic child support installments can become time-barred after a limited period if no enforcement or interruption occurs.
- Changes and review: Agreements and court orders can be changed if circumstances materially change, such as a significant income shift or changes in the child’s needs. Either parent can seek a recalculation or court review.
- Taxes: Child support is not taxable for the recipient and not tax-deductible for the payer.
The calculation starts with the child’s reasonable monthly costs. Public benefits for the child are considered. Each parent’s net financial capacity is assessed after reasonable living expenses. The final amount is set so that each parent covers a fair share of the child’s costs. The Social Insurance Agency offers guidance and a calculator for private underhallsbidrag.
Until the child turns 18. If the child is in upper secondary school when turning 18, support usually continues until the program ends, but not beyond age 21. After 18, if school continues, payments are generally made to the child rather than the other parent.
When a child lives roughly half the time with each parent and both pay daily expenses directly, regular child support is often unnecessary. However, parents can agree on sharing larger costs or a balancing payment if there is a significant income difference.
Yes, a court can set underhallsbidrag retroactively, typically for up to three years before the action was brought. It is important to document when you requested payment or negotiations began.
You can apply to the Social Insurance Agency for underhallsstod if payment is missing or unreliable. If you have an enforceable agreement or court order, you can also request enforcement by the Swedish Enforcement Authority to collect arrears with interest.
Yes. A significant change in income, the child’s living arrangements, or needs can justify a new agreement or a court review. The adjustment usually applies from when the change was requested, and in some cases retroactively within legal limits.
Generally, a new partner’s income does not create a direct support obligation. However, your own living costs and household situation can affect your available income, which may indirectly influence the calculation.
Yes. Costs for the child’s travel for contact with the other parent can be shared. How these costs are split depends on what is reasonable given incomes and distances. Parents can include clear rules about these costs in their agreement.
No. Child support is not taxable for the recipient and not tax-deductible for the paying parent.
International cases are handled under EU rules and international conventions. The Social Insurance Agency has an international unit that can assist with cross-border maintenance claims, and the Swedish Enforcement Authority can help enforce foreign decisions that are recognized in Sweden.
- Vaxjo municipality family law unit Familjeratten for cooperation talks, help drafting and approving child support agreements, and guidance on the child’s best interests.
- Swedish Social Insurance Agency Forsakringskassan for underhallsstod, private calculation support, and international maintenance matters.
- Swedish Enforcement Authority Kronofogden for enforcement of unpaid, enforceable child support and information on arrears and interest.
- Vaxjo District Court Vaxjo tingsratt for court proceedings if no agreement can be reached.
- Swedish Consumer Agency Konsumentverket for cost-of-living guidelines used to estimate reasonable child costs.
- Swedish National Legal Aid Authority Rattsjalpsmyndigheten and your home insurance provider for information on legal aid and legal expenses coverage rattsskydd.
- Swedish Bar Association Sveriges Advokatsamfund for finding qualified family law counsel.
- Gather information: List the child’s monthly needs housing, food, clothes, school, transport, leisure, healthcare and collect proof of income, benefits, childcare fees, and housing costs for both parents.
- Try an initial calculation: Use national cost guidelines and the Social Insurance Agency’s model to estimate a fair amount. Note any special expenses that apply to your child.
- Talk to the other parent: Propose clear terms amount, due date, sharing of larger costs, indexation if any, how to handle holidays and travel, and from what date payments apply.
- Seek help locally: Contact Familjeratten in Vaxjo for cooperation talks and assistance drafting an agreement. Ask to have the agreement approved by the municipal social welfare board so it becomes enforceable.
- Consider agency support: If payment is missing or unreliable, apply to Forsakringskassan for underhallsstod. Ask for guidance on private underhallsbidrag calculations if you prefer a private arrangement.
- Consult a lawyer: If negotiations stall, if there are complex finances or cross-border issues, or if you need to modify an existing arrangement, speak with a family law lawyer. Ask about legal aid and insurance-based legal protection.
- Court and enforcement: If no agreement is possible, file an application at Vaxjo tingsratt to have child support determined. If you already have an enforceable agreement or judgment and payments are overdue, contact Kronofogden for enforcement and interest on arrears.
This guide provides general information, not legal advice. For advice tailored to your situation in Vaxjo, consult a qualified family law professional.
