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Not paying child support after leaving Sweden

What does the law say?

sapiens
post 28.Oct.2013, 12:23 PM
Post #1
Joined: 3.Dec.2008

Hi all,

I left Sweden few months ago and I moved back to my home country (France).
I have had no contact with my twelve years old son for more than a year now. His mother locked up access to him for about two months, after which he suddenly started to reject me. None of the swedish authorities cared to investigate how such a thing could happen.
I left Sweden in disgust and stopped paying child support.
It was not long until Forsäkringskassan emailed me, claiming child support from me and threatening to sue me via the french court of laws if I do not pay. I wish swedish authorities had showed the same dedication in protecting the relationship I had with my son.

Would anyone have experience with such matters?
What are my options?
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Hisingen
post 28.Oct.2013, 01:11 PM
Post #2
Joined: 5.Jul.2012

I don't know anything at all about what can happen, but I sympathise with you to 100%. I would be gutted if something like that had happened to me, and can understand your reaction to the full. The very thought of having to pay maintenance for a son who has (been?) turned against you is like rubbing salt into a wound, especially when you appear to still care for him.
I wish you well, and sincerely hope that you find an answer to the situation.
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Ivor stephé
post 28.Oct.2013, 02:41 PM
Post #3
Joined: 20.Aug.2013

Just remember, child support is for the child and not your partner.
If you have a problem with your ex partner, then go after her.
And don't drag your kid into it.
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Hisingen
post 28.Oct.2013, 03:03 PM
Post #4
Joined: 5.Jul.2012

From what the OP says, the boy appears to be completely indifferent to him, which makes providing support for him in effect something of an unnecessary burden - i.e. why pay for someone who doesn't care an iota for you?
Not an easy situation, whichever way you look at it.
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intrepidfox
post 28.Oct.2013, 03:28 PM
Post #5
Location: Gothenburg
Joined: 18.Jul.2012

When i lived in England and my child lived in Sweden; i was not forced to pay anything by the state but i did as i wanted to. OP your ex will get the money from FK anyway.
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AgeOfReason
post 28.Oct.2013, 03:31 PM
Post #6
Location: Stockholm
Joined: 1.Sep.2013

QUOTE (Hisingen @ 28.Oct.2013, 04:03 PM) *
From what the OP says, the boy appears to be completely indifferent to him, which makes providing support for him in effect something of an unnecessary burden - i.e. why pay f ... (show full quote)

The UN Convention on the Rights of the Child declares that a standard of living adequate for the development of the child is a common and primary responsibility of both parents to provide, and is a fundamental human right for the child.

The EU has a treaty between member states that covers enforcement of maintenance agreements so it is highly likely that Försäkringskassan will take legal action to recover the money that it is paying to the mother. You had best pay.

Even though your child may show indifference, it is his right (not yours, nor the mothers) in Swedish law to see both parents. It doesn't matter if there is a dispute between parents, even if there is threat of violence between parents, it is only of-concern to authorities if there is possible danger to the child.

Which authorities did you contact with regards visitation/contact with your boy? What did they say?
First step is to contact the Social Office, get them to arrange a cooperation meeting with the mother, if she does not agree you have to go to court. If it goes to court before doing that then it is highly likely they the court will order a cooperation meeting, if it is possible an agreement would be reached (very easy for the mother to say ok to that, buys delay time) ...the court recognises that length of time without contact for the child with one parent can have psychological impact, so tend towards a speedy resolution (though we are not talking super quick). Request supervised visits, just in case the mother creates some objection with regards danger to the child. Pay your maintenance, otherwise it can impact decision making negatively (even though it shouldn't).
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sapiens
post 28.Oct.2013, 07:13 PM
Post #7
Joined: 3.Dec.2008

I turned to all swedish authorities.
- Psychologists from Barn- och ungdomshälsan refused to talk to me because the mother had full custody. They made no objective investigation whatsoever of the mother's actions. When I raised the issue of psychological mistreatment of my son's relationship to me, they answered I should contact socialtjänst instead.
- Socialtjänst's investigation concluded that there was no physical mistreatment. When I argued that psychological (not physical!) mistreatment was the issue here, Socialtjänst told me that they had no training to check the former, and that it was the job of Barn och ungdomshälsan. Not surprisingly, Barn och ungdomshälsan did not comment on this.
- Next, the court ordered a so-called investigation led by Familjerätten to evaluate the mother's actions.
- However, during the first meeting there, I was told that Familjerätten was not interested in evaluating parental responsibilities here, and that even if my son had been brainwashed, what mattered to Familjerätten was what my son was saying now, and not how he came to reject his father. From this, it followed naturally that the mother was kept with full custody, and that no attempt was initiated to renew contact with my son.
The investigation was just there to give the illusion of a formal process going on.
My conclusion is that in Sweden a parent with full custody can break the contact between a child and the other parent, and get away with it, not facing one single consequence.

Now, while taking no concrete initiative to protect the relationship of my son with me, the swedish state seems way more dedicated to make sure that I pay child support for a child I cannot see.
My question is thus: how successful can they be?
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AgeOfReason
post 29.Oct.2013, 12:34 PM
Post #8
Location: Stockholm
Joined: 1.Sep.2013

QUOTE (sapiens @ 28.Oct.2013, 07:13 PM) *
Now, while taking no concrete initiative to protect the relationship of my son with me, the swedish state seems way more dedicated to make sure that I pay child support for a child I cannot see.

At the risk of making you angry/upset, I must say that what you wrote in the post above kind of comes across that you were more looking for the authorities to find fault with the mother (an attack against her) with respect to the child. Without knowing just how that process went it isn't easy to see, but I would suspect that if you had approached Social office saying that you wanted a co-operation meeting with regards visitation rights, if that failed to make any progress, then going to family court, where upon if the childs objection to visitation is raised, you could request that the court order an investigation by a child psychologist to find out the reason behind why the boy does not want to meet you. Since it is the childs right to have time with both parents, there is obviously a reason behind why he doesn't want to, it doesn't matter what it is just to initially find out what it is. This will come across more as a concerned father that wishes to respect the childs right to spend time with both parents, and hoping to find out why that is not possible and if it is possible to resolve, rather than parent vs parent using the child as a weapon.

As to how successful can they be with regards recovering maintenance, quite successful. Whilst the EU treaties do not allow the EU to pass any directives with respect family law etc... they do allow for judicial process and jurisdiction respect, by which there was an agreement with regards maintenance recovery that a judgement in 1 member state should be enforceable in another member state and processes put in place to enable low cost speedy enforecement.

@intrepidfox, whilst you say it is ok the mother will get the maintenance money from Försäkringskassan, what you are really saying is that it is OK for parents not to pay for their children as the tax payer (Me, You and others) will cover the cost!
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