Webbinnehållsvisning (JSR 286)

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Liability to pay maintenance in international situations

Maintenance obligations in international situations – Försäkringskassan as the central authority

 

The international rules for debt recovery of child support address issues pertaining to the recognition and enforcement of court rulings, choice of law, jurisdiction issues and administrative cooperation. The rules consist of EC regulations, multilateral conventions and bilateral agreements with the constituent states of the USA.

Försäkringskassan is the Swedish central authority for the administrative cooperation in these cross-border cases.
 
The rules on administrative cooperation between authorities are found in the following provisions.

  • Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (the Maintenance Regulation).

Council Regulation (EC) No 4/2009 (PDF 541 kB, opens in a new window)

 

  • Convention on the Recovery Abroad of Maintenance, New York, 20 June 1956 (the New York Convention). SFS 1958:522 

SFS 1958:522 (opens in a new window)

Also see Guide 2006:1 Debt recovery of child support in international cases – Försäkringskassan as the central authority.

Guide - Debt recovery of child support in international cases (PDF 420 kB, opens in a new window)

Maintenance in the EU arising out of family law – Försäkringskassan as the central authority

 

The Maintenance Regulation applies within the EU as of 18 June 2011. This also means that the Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations must be applied.

As central authority, Försäkringskassan is responsible for assisting with applications. This may relate to applications regarding confirmation of child support or declaration of enforceability and enforcement. The applications can come from applicants in other countries or from applicants in Sweden. If the applicant lives in Sweden, Försäkringskassan must assist in compiling the application and send it to the central authority in the other country.

Försäkringskassan may also make requests concerning specific measures. This means, among other things, that we may request information or assistance from other authorities in producing written documentation in a case, without an application having been made.

When an application or a request is being processed, Försäkringskassan is to collect information on child support debtors and dependents, thus facilitating the process. The Maintenance Regulation therefore contains provisions on what information central authorities may obtain from other authorities, and the circumstances under which the information can be forwarded and used.

The Maintenance Regulation has associated forms to be used when an application or a request is made. These forms are available on the European Commission website.

Forms to be used when an application or a request is made (www.ec.europa.eu, opens in a new window)

Maintenance arising out of family law – Försäkringskassan's administrative cooperation with countries outside the EU

 

The administrative cooperation with countries outside the EU is pursued within the framework of the New York Convention. Försäkringskassan is the intermediary body for applications to be sent to other countries and the receiving body for incoming applications from other countries. Primarily, this relates to applications to and from

Australia, Norway, New Zealand, Switzerland and the USA.

Försäkringskassan's handling of applications in accordance with the Maintenance Regulation and pursuant to the New York Convention

An application may apply to any of the following:

  • recognition and declaration of enforceability of a ruling on child support,
  • enforcement of a ruling or
  • confirmation or child support in a new ruling.

When an application is received concerning recognition and declaration of enforceability from a country, Försäkringskassan sends this to Svea Court of Appeal. An application regarding enforcement is sent to the Swedish Enforcement Authority. If the application applies to the confirmation of new child support, Försäkringskassan then engages a lawyer on the applicant's behalf.

If the applicant lives in Sweden and an application is to be sent to another country, Försäkringskassan assists with preparing and compiling the application. Försäkringskassan then forwards the application to the other country's central authority or receiving body.