Legislator Case Law & Legislation
BS-458/2012-VLR ECLI:DK:VLR:2023:BS0000004566 AI generated

Child support claim dismissed because father failed to prove income and custody rights.

Case Number BS-458/2012-VLR
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the mother's claim for child support, upholding the first instance decision. The mother argued she needed financial assistance, while the father contested the claim by asserting he had no income and did not hold custody rights. The court ruled that without proof of the father's income or legal custody, no support obligation could be established.

Legislator headnote

AI generated

Borgerlig lovbog § 10; § 10 af Borgerlig lovbog: A parent is not liable for child support if they lack the capacity to pay and do not have custody rights.

Keywords

AI generated
child support obligation income capacity custody rights parental liability financial means

Cited Legislation

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Borgerlig lovbog § 10
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Full text

Byrettens dom stadfæstet med den ændring, at sagsøgte ikke skal betale bidrag til sagsøgers underhold