Dear Experts,
is this true that if a man is not able to pay the monthly dicided spousal support due to any unwanted reason like unemployment or accident, wife will still keep getting it from the aurhorities (I dont know which one, not important also). My query is that if this is true, then is it considered as kontanthjælp to man?
Regards
Spousal Support query
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mh1
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- Tilmeldt: 25.09.2007 11:20:33
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Re: Spousal Support query
It is not true, and no. While child support can be paid by the municipality if the contributor does not or cannot pay, and then becomes a debt for the contributor to be paid whenever s/he is able to pay, this is not the case with spousal support.
The debt for child support will never be considered 'kontanthjælp' for the contributor, but if the contributor somehow does not pay in spite of being 1) able to 2) the debt's being overdue, this may hinder an application for residence.
Spousal support is calculated according to the income of the contributor, and the need of the creditor spouse. If the contributor has under 270.000 DKK/year in income, there will normally not be decided for spousal support. If a support has been fixed, but the contributor experiences a considerable drop in income, s/he can apply for a recalculation. If the contributor experiences a considerable increase, the creditor can apply for a recalculation. Neither decrease not increase happen without application from one party.
IF spousal support has been fixed, but the contributor does not pay, the creditor can apply to Udbetaling Danmark, which in turn contacts SKAT (tax), which can deduct the support form the income of the contributor. However, there is a limit as to how much may be deducted. The contributor must not be left without means to pay his/her own needs.
This also does not happen without the creditors application. The creditor spouse thus does not receive anything from public funds, but only from the contributor. SKAt merely acts as a bailiff, channelling the support from the contributor to the creditor.
The debt for child support will never be considered 'kontanthjælp' for the contributor, but if the contributor somehow does not pay in spite of being 1) able to 2) the debt's being overdue, this may hinder an application for residence.
Spousal support is calculated according to the income of the contributor, and the need of the creditor spouse. If the contributor has under 270.000 DKK/year in income, there will normally not be decided for spousal support. If a support has been fixed, but the contributor experiences a considerable drop in income, s/he can apply for a recalculation. If the contributor experiences a considerable increase, the creditor can apply for a recalculation. Neither decrease not increase happen without application from one party.
IF spousal support has been fixed, but the contributor does not pay, the creditor can apply to Udbetaling Danmark, which in turn contacts SKAT (tax), which can deduct the support form the income of the contributor. However, there is a limit as to how much may be deducted. The contributor must not be left without means to pay his/her own needs.
This also does not happen without the creditors application. The creditor spouse thus does not receive anything from public funds, but only from the contributor. SKAt merely acts as a bailiff, channelling the support from the contributor to the creditor.
mh
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