Children's Rights and Parents' Responsibilities: Child Maintenance Policies in Finland
| Published date | 01 December 2012 |
| DOI | 10.1177/138826271201400405 |
| Date | 01 December 2012 |
| Subject Matter | Article |
286 Intersenti a
CHILDREN’S RIGHTS AND PARENTS’
RESPONSIBILITIES: CHILD MAINTENANCE
POLICIES IN FINLAND
M H* and H H**
Abstract
Child maintenance schemes dier substantially from each othe r in terms of
underlying philosophy, structure, r ules and organisation, and in particular, in their
very dierent outcomes. In Finland the principle is that every child has the right to
be adequately provided for and that child maintenance is the right of the child. e
main policy focus is on shared pa renting and the emphasis in the scheme on contact
between the child and the non-resident parent emerged in the 1980s. Furthermore,
supporting children is see n as a collective responsibility, and this means that at lea st
part of the maintenance is nor mally guaranteed by the state if the non-resident parent
does not pay maintenance. Guaranteed maintenance also covers children without
non-resident parents. Calc ulations show that the maintenance determination
guidelines operate on the basi s of equality, as both parents are held to be responsible
for the child’s maintenance in accordance with their abilities, regardless of c ustody
and residence arrangements. Still, the records on overdue maintenance payments
and maintenance debts indicate that n on-compliance remains a problem in Finland.
Keywords: child maintenance; Finland; guaranteed maintenance; joint custody;
shared parenting
* Dr Mia Hakovi rta is a Senior L ecturer i n Social Polic y at the Depar tment of Social Re search,
University of Turku. Addres s: Depart ment of Social Res earch, Universit y of Turku, FI-20014,
Turku, Finland; phone : +358–2–333 6213; e-mail: m iahak@utu. .
** Heikki H iilamo is a Re search Professor at t he Social Insurance In stitution in Helsinki. Add ress:
Nordenskiöldin katu 12, PO Box 4 50, FI 00250, Hels inki, Fin land; phone: +358–2–06 34 1889;
e-mail: heikki.hiilamo@kela..
Children’s Right s and Parents’ Responsibi lities: Child Mai ntenance Policies in Fin land
European Jour nal of Social Secu rity, Volume 14 (2012), No. 4 287
1. INTRODUCTION
ere is large variation across welfare states in how parental obligat ions are
full led aer separation or divorce. It follows that there are wide variations in
child maintenance schemes between countries in terms of underlying philosophy,
structure, r ules and organisation, and in particu lar, in their very d ierent outcomes
(Maclean and Warman 200 0; Skinner et al.2007; Skinner and Dav idson 2009; Meyer
et al. 2011). In comparative studies, Nordic countries are oen grouped together as
representatives of the Nordic welfare model (Esping-Andersen 1990; Kautto et al.
2001). e development of the welfare state has been almost identical i n all Nordic
countries and there has been formal co-operation between the Nordic countries in
the eld of family law th roughout the 20th century (Eydal and Kröger 2010; erborn
2004). us, family policies a re more or less similar across the Nordic reg ion. However,
when studied in more detai l, signicant dierences in fami ly policy emerge (see, e.g.,
Bradshaw and Hatland 20 08; Ellingsæter and Leira 20 06; Hiilamo 2002 and 20 09).
Family law regarding ch ild maintenance policies in the Nordic countries a ssumes
that the legal duty to provide for chi ldren rests with both parents, and parents a re, in
most cases, under an obligation to support their children, even if they are separated
or divorced or have never lived together as a couple (Eydal and Kröger 2010). e
principle is that every chi ld has the right to be adequately provided for, and that child
maintenance is the rig ht of the child. Both pa rents are responsible for the child’s
maintenance in accordance with their abilities, regardless of custody and residence
arrangements. Fur thermore, supporting children is seen a s a collective responsibility,
and this means t hat at least a portion of the maintenance (known as g uaranteed
maintenance) is normally gu aranteed by the state if the non-resident parent does not
pay maintenance. Guara nteed maintenance ensures the regu larity of at least a portion
of the child’s entitlement and emphasises t he right of the child to receive support
from the state when parental support is not forthcoming (Corden 1999; Milla r and
Warman 1996; Skinner and Dav idson 2009).
Despite the similar ities between the Nordic countries in terms of welfare state
typologies, Sk inner et al. (2007), in their comparative research of chi ld maintenance
policies, clustered Nordic countries into dierent child maintenance regimes (see
Skinner, Davidson and Hakovirta this edition). Finland was classied a s a hybrid
scheme, with some combination of courts and agencies being responsible for the
determination of child ma intenance. Hakovirta and R antalaiho (2011) also show that
in some aspects the child maintenance scheme in Finland diers signicantly from
Norway and Sweden. In Finland, t he provision of family benets does not ack nowledge
the family arrangement of shared care by parents who do not live together, but in
Sweden and Norway maintenance schemes are more exible and enable parents to
share the benets in a way th at supports shared residential arrangements (cf. Hiil amo
2009). Iceland was not included in the Skinner et al. (2007) study, but it is in this
special edition (see Eydal and Frid riksdottir).
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