UNDERHOLDSBIDRAG

[MARIA2010]

Im here again seeking for advice.

After having been reported to the kommune that we dont live in DK anymore, I received an applicatio n via min eboks to be filled up, they call it Ansøgning om forsat udbetaling og afkrævning af underholdsbidrag for 6 måneder.

I am afraid that if I claim it, it will affect(som kontanthjælp) to our application for family reunification which will be submitted this year...

What will I do,?

Please help..

thanks again...

[mh]

Is it about child support money?

If that is the case it has nothing to do with 'kontanthjælp' but I can't quite make out whether it is about money that you may claim, or money that you are being asked to pay?

[MARIA2010]

Sir Mh

The money I am talking is all about child support. Me and my son lived in DK for 3 years.

My son is not danish citizen, we lived together in my country after being udvist in November 2010 pga separation. From December of 2010 until, we are not receiving børnebidrag from the kommune, and I dont asked the kommune to pay for it because I thought that since we are not in DK I cannot receive child support for my son. And it surprised me when they sent that application.

Dont know what to do..

Thank you,,,

[mh]

They are asking whether you want to CONTINUE the payment - may I ask how did you get this money to begin with, and from whom?

Is it from your son's father - because the father is Danish or living in DK - who is paying 'børnebidrag'?

Or is it 'børnetilskud'

Or is it 'børne- og ungeydelse'?

The first payment does not necessarily require that you and your son are resident in DK.

The other 2 payments are only made to children if they and their parent(s) are residents in DK.

Since at the moment you ARE in DK, but not 'resident' according to the law, I would advice you to contact your kommune and ask them - in writing, so they have to give you a written answer - what it is all about. Otherwise at some point someone may blame you for fraud, if you receive money you are not entitled to.

[Henrik S]

Hi Maria

Underholdsbidrag has nothing to do with kontanthjælp or the like, it is simply the alimony from your ex-husband.
Or "hustrubidrag" as you called it earlier.

In Denmark the Kommune is the entity to cash in alimony, and pay it out to the ex-spouse.
This in order to liberate the ex-spouse for having to cash it in by herself.

What the Kommune has sent you, is simply an application that they cash in his alimony the next 6 months, and pay it out to you.

Hope this helps.

Kind regards
Henrik

PS Aside from this, mh's advice is fine also, contact the Kommune and ask what it is about, so you are sure.

[MARIA2010]

Sir Mh and Sir Henrik,

My son is not a danish citizen, nor his father. I received børnebidrag when we first moved to DK after being granted a Residence permit pga Family Reunification.

According to danish law, a child living in DK is entitled to receive børnebidrag and børnepenge.

But after our Residence Permit had been cancelled and we travelled back to our country in November 2010, kommune stop paying børnebidrag from December 2010
up to this date.

I already reported to the kommune via email tjust last month that WE ARE NOT living in DK , thats why my address in DK does not appear to the application they sent. just my CPR and my sons CPR.

PS.. Sir Henrik,, I am not talking about the alimony, it is about the børnebidrag...

Hope I answered correctly..

Thanks for your time Sirs.

MARIA

[Henrik S]

Ok. But I think this application is not about that børnebidrag and børnepenge.
It is about the alimony that your husband should pay, when you are separated or divorced.

These money are cashed in by the kommune, and then paid out to you.
It is quite standard.

So I think this has to do with your divorce, rather than your child.
But again, ask the kommune, so you are sure what it is about.

Regards Henrik

[MARIA2010]

Hmmmmmm,,,

Yes, Maybe its a smart idea to ask the kommune about the said application..hehehhe

Thank you Sir.

[mh]

@ Henrik S - it is HARDLY likely that Maria's x-husband has been ordered to pay alimony to her, since he protested the divorce and among other things claimed that SHE should pay HIM alimony. As I understand Maria waived every claim in the hope that it would speed up the divorce procedure.

NOBODY will be obliged to pay alimony automatically, a spouse will have to claim it and the other either agree or be ordered by the authorities to do it. AND the entitled spouse has to apply to the authorities to get them to forward the money.

The same is actually valid for børnebidrag: you have to make a claim for it, it doesn't come automatically. Only børne- og ungeydelse does that.

I think it is a misunderstanding in the communication between different offices in Maria's kommune, caused by the fact that Maria is still (again) in DK with her son, and has a mailing address there.

[MARIA2010]

Sir,

I just received the mail from my lawyer and the divorced paper issued by dommen. Yes youre right, because I really would like to finish this divorce, dont ask alimony from my x, in fact it was him who asked for it thats why case was forwarded ved dom.

Based on the writ, my x will not pay alimony and vice versa.

I already informed the kommune that we are not in DK, and therefore, they do not include my address in DK to the application. I received the application thru my eboks-email...

Me and my son is now living here in my country....

My question is.. is my son entitled to receive børnebidrag eller børnetilskud, even we are not in DK ?

Its really confusing

Thanks again.

Mvh

Maria

[Henrik S]

Hi mh

Yes, I have come to the same conclusion, partly by pm'ing with Maria.

And since, as I said, it is a standard thing, the kommune office has probably sent it out automatically, without checking further into the matter.
That is also a fairly "standard" thing when you are dealing with public offices.

Regards from Henrik

[mh]

Maria, once you again have RESIDENCE in DK, you can apply for the same payments that you used to get, but all of them require that you and your son are residents in DK.

Had your son had a Danish father/a father who is resident in DK, then this person would have to pay børnebidrag, regardless of where you and your son were living. But in your case the Danish authorities have been paying because there is no one to pay, and they are only obliged to do that to a child who is resident in DK.

[MARIA2010]

Sir Henrik and Sir Mh,

Thank you once again for explaining to me about the matter.

It helps a lot...


Mvh

Maria