The parent with whom the child resides (resident parent) or who carries most of the expenses for the maintenance of the child can apply for the determination of child maintenance. In general terms, it is a requirement that the applicant has a role in the custody of the child (sole or shared). If the parents have joint custody, and the parents share the expenses for the maintenance of the child, child support is usually not determined.

Applications for child maintenance shall be made where the parent who is liable to pay resides. That means, if the parent who is liable to pay resides in the Faroe Islands, the application shall be sent to the Family Law Administration. If the parent who is liable to pay resides in Denmark, the application shall be sent to the Agency of Family Law (Familieretshuset).

Once the application is submitted to the Family Law Administration, the Administration will decide the amount of the child maintenance – if it is an application for more than the usual maintenance (increased child maintenance) is requested – as well as when the maintenance shall be paid. The decision will be based on the information provided by the parties to the Family Law Administration.

Usually, the Family Law Administration makes decisions regarding child maintenance when there are changes in the circumstances of the child, e.g. when the parents separate. If an application for child maintenance is submitted shortly after the separation, the maintenance is usually determined with retroactive effect from the day the cohabitation ended. If the application is submitted later the maintenance will usually be determined from the date of application. 

After this, a document on child maintenance (maintenance decision) will be prepared. The document will be sent to both parties and will include the amount of the maintenance and when it is due. The maintenance can be paid semi-annually or as monthly payments, and the maintenance is paid in advance.

Child maintenance is determined based on the needs of the child, the financial circumstances of the parents, as well as their ability to work. If both parents are propertyless or economically restricted, regular child maintenance is generally determined. The Faroese government determines the amount of regular child maintenance annually. Information about the amount of the maintenance can be obtained by clicking here.

When applying for increased child support, the Family Law Administration pays special attention to the income circumstances of the parent who is liable to pay. The income circumstances and the number of children is the basis under the applicable rules for increased payment. Consideration will not be given to possible new cohabitation or marriage of the parent who is liable to pay, nor will possible stepchildren be considered, regardless of whether they reside with the parent who is liable to pay.

Usually, emphasis is not placed on the income circumstances of the recipient when increased support is to be determined, and consideration will not be given to whether the recipient is in a new relationship, married, or has additional children.

See guidelines for calculation of increased child maintenance and payment amounts here. 

A decision regarding the amount of child maintenance is valid until changed or terminated. Changes regarding child maintenance require an application from one of the parties. No action is taken unless a request for change is made.

The amount of maintenance can be changed if circumstances change significantly – e.g. changes in the financial circumstances of the parent who is liable to pay due to protracted illness, unemployment, decrease in income, etc.

Changes in the maintenance amount usually take effect from the first date of payment after the decision has been made unless there are exceptional circumstances in the case.

If regular child maintenance has been assigned, it may only be waived if the child has an income above a certain amount. 

Child maintenance ceases automatically

• when the child turns 18 years old, regardless of the time of payment.
• if the parents resume cohabitation.
• if the parent who is liable to pay dies.

You can apply for the revocation of child maintenance if

• the child moves in with the parent who pays child maintenance.
• the child’s own income exceeds 7,000 kr. per month. If the income is approx. 6,000 kr. per month, the increased child maintenance can be reduced to regular child maintenance.

Once child maintenance is determined, parents can agree among themselves on how the payment will be made, such as through regular bank transfers. If the payment is not made on the due date, the recipient of the maintenance can request advance payment from the Department of Social Services (Almannaverkið) at P.O. box 3096, 110 Tórshavn, Faroe Islands, or av@av.fo. In Denmark, one must contact the social administration in the municipality.