§ 4-3. What the debtor can keep of their income

This section gives the debtor the right to keep so much of their income that it covers reasonable living costs. This applies to the living costs of the debtor themselves, of those the debtor has a statutory duty to support, and of a cohabiting partner (samboer) in a relationship similar to marriage. If the debtor has contact with a child who lives elsewhere, reasonable expenses for the contact must be included in the calculation.

The section does not set any figures itself. Under the second paragraph, the King in Council may issue regulations with rates, that is, fixed amounts, showing what reasonable living costs amount to. Such rates can be used as a starting point when deciding how much the debtor can keep. The law makes this an option and not a duty. Example: The debtor supports a child, and expenses for the child's living costs are then included. If the debtor also has contact with a child who lives elsewhere, reasonable contact expenses can also be included.

This section is the first in a group of three that say what the debtor may keep out of the creditors' reach. Income is covered here, the home (bolig) in § 4-4, and personal possessions and means of transport in § 4-5. What is left of the income can be used to pay the creditors, and the distribution of the money follows § 4-8. That section itself refers to §§ 4-3 to 4-5 when it defines which claims are kept outside the arrangement. The proposal written under § 4-1 must take this into account, and § 4-2 requires that it is based on a realistic ability to pay (betalingsevne).

This section is also used outside chapter 4. Both § 3-4, which concerns payment suspension (betalingsutsettelse) during a debt negotiation period (gjeldsforhandlingsperiode), and § 4-8 refer to it.