Equal distribution of child and youth benefits new law in Denmark (SWENG)

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Previously, it was the mother (for divorced parents the resident parent) who was paid the entire child and youth benefit. In future, the benefit will be divided equally when the parents have joint custody. The law is changed per. January 1, 2022

From 1st January 2022, only one parent will no longer be paid the public child and youth benefit. If the parents have joint custody, the parents will each be paid half of the benefit. This applies regardless of whether the parents live together or not.

With the change in the law, parents with joint custody will in future, as a starting point, have to share the benefit between them.

The new parliament Act no. 1944 amending the Act on a child and youth benefit introduces from 1 January 2022 on equality between parents with joint custody in relation to receiving a share in the public child and youth benefit.

For parents with joint custody, a division of the child and youth benefit will be the main rule from 1 January 2022.

Parents with joint custody of the child will be paid the child and youth benefit in half to each of the custodians. Half the benefit is rounded up to the nearest whole krone amount.

Parents with joint custody of the child will be paid the child and youth benefit in half to each of the custodians. Half the benefit is rounded up to the nearest whole krone amount.
If a holder of parental responsibility has sole custody of the child, the entire child and youth benefit is still paid to that parent.

As a starting point, it will be the information in the CPR about custody of the child that determines whether it is assumed that there is joint custody, and thus whether the benefit is paid to both parents or not.

Should child and youth benefit always be shared between parents with joint custody?
For all parents with joint custody, it will not be the case that the child and youth benefit must be shared between them.

If the custodians do not live together and if they both declare that they agree that the benefit should not be shared with them, the entire benefit will only be paid to one custodian, which cannot subsequently be unilaterally withdrawn by one custodian. The declaration is submitted on a self-help solution at Udbetaling Danmark.

Another significant exception to the main rule on the sharing of child and youth benefit is if the parents do not agree to share the benefit, and one custodian documents that it is determined by a visitation decision or a settlement that the child must be at least 9 out of 14 days with this, and the child is not subsequently registered as resident in the CPR with the other custodian. In that situation, the resident parent will still be able to get the full benefit paid out.

A final exception to the main rule is if one of the holders of parental responsibility is not fully taxable in Denmark. In that case, the entire benefit is paid to the other parent.

were not registered at the same address in the CPR for the entire period from 19 October 2021 to 21 November 2021, the entire child and youth benefit is paid to the custodian who, in respect of child benefit, the most recent working day prior to 21 October 2021 was paid the benefit and, in the case of youth benefit, the most recent working day prior to 21 December 2021 was paid the benefit.

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