Utarbeidet av Rikstrygdeverket, Familieavdelingen 30.06.2005
Nedenfor følger forskriften oversatt til engelsk. Oversettelsen er godkjent av Barne- og familiedepartementet.
Legal basis: Sections 71 and 74 of Act no. 7 of 8 April 1981.
Determined by the Ministry of Children and Family Affairs on 15 January 2003 under the provisions of sections 71 and 74 of Act no. 7 of 8 April 1981 on children and parents (the Children Act). Amended by Regulations no 691 of 3 June 2003 in force from 1 October 2003, regulations no 1656 of 18 December 2003 in force from 1 January 2004, regulations no 559 of 18 March 2004 in force from 1 April 2004, regulations no 1056 of 29 June 2004 in force from 1 July 2004, regulations no 370 of 26 April 2005 in force from 1 June 2005, regulations no 502 of 31. May 2005 in force from 1 July 2005
Maintenance payment for children pursuant to Chapter 8 of the Children Act is determined according to the rules of these regulations with attachments.
The maintenance payment shall be determined on the basis of the maintenance cost, ref. section 3 of this regulation, and the ratio between the parents’ and the child's income, ref. sections 4 and 5 of this regulation. The maintenance payment for each child shall be fixed as either 1/6, 2/6, 3/6, 4/6 or 5/6 of the maintenance cost. The share shall be calculated on the basis of how much the income of the non-custodial parent constitutes of the total income and the part of the child's income that is to be included. It is the nearest one-sixth that is to be applied.
When the maintenance payment is publicly determined, the determined maintenance cost shall be applied. The cost comprises consumption expenses, living expenses and child care expenses.
The consumption expenses shall be set in three age groups: 0 — 5 years, 6 — 10 years and 11 — 18 years, and shall be calculated on the basis of the National Institute for Consumer Research (SIFO)'s standard budget for consumption expenses. Any adjustments to the consumption expenses shall be set at 1 July in the year when the child reaches either 6 or 11 years.
The child's living expenses shall be calculated on the basis of Statistics Norway (SSB)'s consumer research with basis in average de facto consumption. The expenses shall be common for all children and shall constitute the difference between living expenses for single persons without children and single parents, and shall apply regardless of where in the country the child lives.
Child care expenses shall be determined on the basis of whether the custodial parent receives 64 per cent child care benefit pursuant to section 15-11 of the National Insurance Act. Child care expenses beyond the fourth school year shall only be included when the custodial parent receives child care benefit pursuant to section 15-11 of the National Insurance Act. Different amounts shall be determined for full time and part time child care. Child care arrangements of 33 or more hours per week shall be counted as full time child care. The expenses shall be calculated on the basis of SSB's research into parents' payments, including child care benefit and parents' income deduction. When the custodial parent does not receive child care benefit pursuant to the first sentence, de facto expenses shall be calculated up until a determined rate reduced for the advantage gained from the deduction in the parent's income, among other things. When determining this rate, the maximum rates for child care under section 15-11 of the National Insurance Act apply.
The child benefit paid according to the current rate at the time of the annual alteration of the maintenance cost shall be deducted from the total expenses.
For maintenance payment to children over the age of 18, maintenance cost for children in the age group 11 — 18 years shall be applied.
The income of each parents shall be set at personal income level, including the part of any positive net investment income that exceeds NOK 10 000 per annum.
When a party has income as a self-employed person, the investment income part of the income from self employment shall be included in the investment income. The investment income part is income from self employment less the calculated personal income, business loss during the income year, loss carry forward from previous years and remuneration referring to a partner’s work in the partnership.
When the custodial parent receives cash benefit for the child for whom maintenance payment is received, extended child benefit or extra infant supplement, this shall be added to the income of the custodial parent. This also applies to the determined advantage of deductions in tax class 2. This shall be determined at 28 per cent of the difference between tax classes 1 and 2. The tax advantage shall be set at half when the income of the custodial parent is close to the amount when tax liability is triggered. No account shall be taken of surtax during the determination. If any of the payments under this paragraph are divided between the parents as a result of an agreement on dual domicile etc., the payments shall be added to each parent's income as custodial parent in the same way as they are divided.
The income shall be discretionarily determined when a party fails to present required documentation, or if there are grounds for believing that the party is withholding information that may be significant to the decision. This also applies when a party has no income, or if the income is significantly lower than he or she ought to earn based on education and ability, without the party being able to present reasonable grounds as to why the income is not higher. The income is not reckoned to be significantly lower if a party has an income that is up to 20 per cent lower than what he or she would otherwise have been able to earn.
When the child itself has an annual income in excess of 30 times the full advance payments per month pursuant to the Advance Payment Act, the child's extra income shall be calculated in the proportional distribution of the maintenance cost. When the child supports itself, no maintenance payment shall be determined. A child shall be considered self-supporting when it has an annual income of at least 100 times the full advance payments per month.
Calculated maintenance payment pursuant to Sections 2 to 5 of this regulation shall be tried against the non-custodial parent's ability to pay maintenance. This means that the maintenance payment shall not be set higher than the non-custodial parent is left with as stipulated means for payment of tax, his/her own maintenance, living expenses and maintenance of his/her own children in his/her own home.
The means determined for payment of taxes take into account tax on general income before deduction for interest on debts etc. and national insurance contributions. In this context general income is reckoned as income determined pursuant to Section 4 of this regulation. The deductions are the minimum deduction and personal allowance. The minimum deduction shall be set according to the rates of pension income. The tax burden in the evaluation of ability to pay maintenance payment shall be set at 28 per cent and the national insurance contribution at 7,8 per cent.
The means for own maintenance are set as a fixed rate for single persons, and a fixed rate for cohabiting/married couples. The rates will be adjusted annually corresponding to the changes in the consumer price index from Statistics Norway. The rates shall be adjusted each year based on the consumer price index for January in relation to the index at the previous adjustment. The rates shall also be maintained by comparing the rates with major adjustments made by the National Institute for Consumer Research (SIFO)'s standard budget for consumer expenses.
Living expenses for single and cohabiting/married persons shall be calculated on the basis of SSB's consumer research.
The means for maintenance of own children in own home shall be calculated as an average on the basis of Section 3 of this regulation, but be reduced by half. The same rate shall be applied to all children. For own children in own home, for whom dual domicile has been agreed, the average calculated maintenance cost shall be reduced to one quarter.
When a non-custodial parent with several children does not have full ability to pay maintenance payment, the deciding body may, on its own initiative, determine the maintenance payment as stipulated in section 75 second paragraph of the Children Act with associated regulation.
Total maintenance payment pursuant to sections 1 — 6, sections 11 and 12 in this regulation, including maintenance payment for children over the age of 18, shall not constitute more than 25 per cent of the income of the non-custodial parent under section 4.
When the total maintenance payment for several children exceeds the upper limit, the deciding body may, on its own initiative, determine the maintenance payment as stipulated in section 75 second paragraph of the Children Act with associated regulations.
When the parents agree that they have agreed on dual domicile for the child pursuant to section 36 first paragraph of the Children Act, and have documented this in writing, it shall be assumed that the parents have equal daily expenses for the child during the time when the child lives regularly with each of them and that the child lives an equal period with each parent. Sections 1 — 7 in this regulation shall be applied accordingly.
Time spent with child that is agreed in writing and publicly determined time is as a main rule deducted from the maintenance payment calculated pursuant to Sections 1 — 7 in this regulation.
For agreement on time spent with child without coercive force the rule in the first paragraph does not apply if the custodial parent claims that the non-custodial parent is not complying with the agreement and the custodial parent cannot clearly prove that he is covered by this time class. For publicly determined time spent with child and court settlements, the rule in the first paragraph does not apply if the custodial parent clearly proves that the agreement cannot form the basis for the deduction.
If the exemption rules in the second paragraph are brought to bear, no time-based deduction will be granted unless the parent whose claim was upheld pursuant to the second paragraph confirms in writing that time spent with the child is practiced according to a lower time group.
The time-based deduction is connected with the scope of time spent with the child in such a way that this is divided into four time groups. The deduction shall be stated as a fixed amount, depending on in which time group the non-custodial parent is covered by and the age of the child. The deduction is determined on the basis of the costs in section 3 second paragraph in this regulation. The deduction comprises expenses for food, drink, health and hygienic articles, play and leisure time and transport expenses.
As a main rule, nights shall be counted in order to find out which time group the non-custodial parent belongs in. Time group 1 applies to time with child of 2 to 3 nights on average per month, class 2 for time spent of 4 to 8 nights, class 3 for time spent of 9 to 13 nights and class 4 for time spent of 14 to 15 nights. If the main rule cannot be applied and the non-custodial parent spends at least two days with the child per month, the days shall be counted, so that the day is divided into four. In these events, the non-custodial parent belongs in class 1.
If the non-custodial parent receives national insurance benefit, support supplement from the Norwegian Armed Forces or similar public benefits where child supplement forms part of the benefit, the maintenance payment before the time-based deduction shall never be set at a lower amount than the net child supplement received. When the non-custodial parent pays tax, the tax deduction shall be set at 10 per cent. When the non-custodial parent receives support supplement for several children, the supplement shall be shared equally between the children.
If the custodial parent receives such public benefit where child supplement is part of the benefit, the supplement after the time-based deduction shall never be set higher than the maintenance cost reduced for the supplement. The first paragraph second and third sentences apply correspondingly.
Maintenance payment shall be calculated on a discretionary basis if
a. |
the maintenance payment is to be determined pursuant to section 76 of the Children Act. |
b. |
one of the parties is domiciled or working and paying tax abroad and a cost-determined maintenance payment would be clearly unreasonable because the conditions in the country in question are significantly different to those in Norway |
c. |
the child is supported by others or gets married. |
If the annual income of the non-custodial parent exceeds 550 times the full monthly advance payments according to the Advance Payment Act, a supplement to the maintenance payment shall be determined according to a claim made by the custodial parent. The supplementary payments shall be set at 15 per cent of the calculated maintenance payment before time-based deduction. The supplement will be added for every time the income exceeds the limit by a further NOK 50 000.
The total supplement before the time-based deduction shall not exceed five times the full monthly advance payments for each child.
When determining maintenance payment that has previously been determined by the maintenance enforcement agency, the county governor, a court of law or by agreement, the current maintenance payment shall only be altered if the rules in this regulation will lead to an alteration in excess of 10 per cent.
This regulation will be in force from 1 October 2003. From the same date, regulations no. 785 of 20 March 1989 on the determination and alteration of maintenance contributions are repealed.
These basis figures are adjusted each year.
The maintenance cost that shall be divided between the parents is the expenses less child benefit.
Age of the child |
0 — 5 years |
5 — 10 years |
11 years and above |
Consumption expenses |
2 850 |
3 760 |
4 970 |
Living expenses |
1 180 |
1 180 |
1 180 |
|
64 per cent benefit |
All day child care institution |
540 |
Part time, play group, child care at school before and after school hours |
220 |
Child benefit.
The non-custodial parent's share of the total income of the parents and the child { lbp/(lbp + lbm + lbb) } |
The non-custodial parent's share of the maintenance cost |
0,000-0,249 |
1/6 |
0,250-0,416 |
2/6 |
0,417-0,583 |
3/6 |
0,584-0,750 |
4/6 |
0,751-1,000 |
5/6 |
|
Single persons |
Married / Cohabiting couples |
Means for own maintenance |
6 637 |
5 619 |
Living expenses |
4 544 |
2 806 |
The child has single domicile |
The child has dual domicile |
2 030 |
1 020 |
The tax burden in the evaluation of the ability to pay maintenance payment shall be set at 28 per cent and the national insurance contribution at 7,8 per cent. The minimum deduction and personal allowance shall be calculated in.
Age of the child |
0-5 years |
6-10 years |
11 years and above |
No time spent with child/less than time group 1 |
0 |
0 |
0 |
Time group 1 (2-3 nights or 2 or more days per month) |
175 |
230 |
320 |
Time group 2 (4-8 nights per month) |
580 |
765 |
1 060 |
Time group 3 (9-13 nights per month) |
810 |
1 070 |
1 480 |
Time group 4 (14-15 nights per month) |
1 015 |
1 345 |
1 855 |