FrågaFAMILJERÄTTUnderhåll25/05/2022

Retroaktivt underhållsbidrag (retroactive child support)

I have been in a long bodelning process and I have an argue with the other party about the costs for using our house together with our child. We had a verbal agreement before we started that I can live in our house for free but I don't get support. Now the other party claims we didn't have such an agreement and requests 25.000 sek per month for the loss of use of our house. I have been waiting a long time and am worried that the Bodelningsförrättare might decide with the other party and will deduct the monthly 25.000 from my share, but then I won't have gotten any child support for years and will have paid everything for our child alone. Is there any option to claim child support in retrospect at least for some of the waiting time? I spoke with a lawyer who said this is not possible here in Sweden but I read that some people do that, what is true?

Lawline svarar

Hi and thank you for choosing Lawline! 

The equivalent of child support in Sweden is called "underhållsbidrag". A parent is only obliged to pay underhållsbidrag if they do not live together with the child (Föräldrabalken 7:2). As I understand the situation all of you live together in the same house which would mean that the other party is not obliged to pay child support.

If you do not live together - meaning that the other party is obliged to pay underhållsbidrag - you can claim this retroactively for a period not exceeding three years from the date of filing the suit (Föräldrabalken 7:8). 

I hope this answers your question. If you have further questions you are very welcome to ask them to us at Lawline!

Adam WinqvistRådgivare