Child Support When Children Alternate Between Two Homes

A Wealthy Parent May Still Need to Pay Child Support

When parents have similar incomes and expenses, neither of them normally pays child support to the other while the children alternate between homes. But when incomes differ significantly, there is an exception — established by the Swedish Supreme Court in case NJA 2013 s. 995. The ruling states:

• A parent's obligation to pay support depends on the child's needs and on the parents' combined financial capacity.
• A child may claim a higher level of support when the parents' financial circumstances are strong.
• The child has the right to a standard of living that does not deviate too much from that of the wealthier parent — even during the weeks spent with the parent who earns less.

In court, the outcome rests on a reasonableness assessment of the circumstances in each individual case.

There are relatively few court cases about child support when children alternate between two homes, so it is hard to say definitively when support applies. It is most likely relevant when, for example, one parent lives at subsistence level while the other is financially well off.

How to Approach This as a Parent

• Keep a Healthy Dialogue About the Child's Costs: The money should go to the child's needs and upbringing — not to subsidizing an ex-partner's new life.
• Consider Keeping the Same Split as Before the Separation: If both parents earn roughly what they did before, it often works well to keep the same financial arrangement for the children — say, a 30/70 split.
• Get Help When Incomes Differ Widely: If there is a large income gap and you cannot reach an agreement, turn to familjerätten (the municipal Family Law Services) for help finding a fairer split. It is also wise to put the agreement in writing so it becomes legally binding once the social welfare committee approves it.
• Consult a Family Law Attorney if Needed: If dialogue and help from familjerätten don't get you there, book a consultation with a family law attorney to find out whether your child is entitled to support even though the child lives with both of you.