Child Support According to Both Jewish and Civil Law

How Does Israel’s Dual Court System Impact Child Support Payments?

Israel’s court system is unique because certain cases can be heard in either the secular Family Court or religious courts, such as the Rabbinical Court. Although there has been a push in 2023 for Rabbinical courts to regain jurisdiction over child support rulings, currently, both courts may hand down orders. However, Talmudic law can still play a role in your child support determination, as personal law generally dictates the precedent the Family Court will follow when ruling on a Jewish individual’s case.

In the past, both courts typically adhere to a strict interpretation of Jewish Law when awarding support payments. But after a critical Supreme Court ruling in 2017, Family Courts tend to follow an equal distribution of child support based on custody and income considerations, while Rabbinical Courts are still guided by Jewish law. An experienced Jerusalem child support lawyer can explain what this may mean for your case and why having strong legal representation in this complex system can be beneficial.

How Does Jewish Law View Child Support?

Under Jewish Talmudic law, a child’s father bears the financial responsibility for their upbringing until they reach the age of adulthood. Typically, this has resulted in the Rabbinical Court ordering fathers to pay sole child support. Due to the religious obligation of the father to care for his child, child support decisions were historically made without regard to the child custody agreement or the father’s economic circumstances.

Often, Jewish fathers have been required to pay a large portion of their income toward child support payments, which can lead to financial difficulties. Economic challenges are particularly likely if the father experiences an injury, layoff, or illness that reduces the number of hours they can work. The father may request a child support modification from the court in these circumstances, but strong evidence of an uncontrollable change in income must be provided. Even then, an adjustment is not always guaranteed.

What Are the Current Trends in Israeli Child Support Rulings?

Until 2017, the Family Court nearly always followed Jewish law when awarding child support. Under this precedent, the court usually ruled that the father was solely responsible for financially supporting their minor children, even in cases where the parents had joint custody of their children and the mother had sufficient income. However, in 2017 the Israeli Supreme Court made a landmark ruling on this subject. They determined that the current system was unfair and should be updated to reflect the modern changes in the status of women and the division of family obligations.

Following the Supreme Court decision, both parents are considered equally responsible for their children’s upbringing from age six onward. Currently, most child support awards made by the Family Court are based on both parents’ incomes and their ability to provide for their child’s basic needs. However, Jewish fathers are still usually held solely economically responsible for supporting children under the age of six.

How Can an Experienced Child Support Lawyer Help You?

While the Supreme Court’s civil law ruling has made child support awards more egalitarian for some couples, it has also led to a more complex system for determining payment amounts. Since there is no codified formula for calculating support, it is decided on a case-by-case basis. This confusing system can result in vastly different payments for parents in similar economic situations.

For many couples, it may be preferable to negotiate their own child support agreement that meets the needs of both parents and children. To learn more about the applicable laws in the Rabbinical and Family Courts and how a mediated divorce agreement may benefit you, contact Hait Family Law today for a free case evaluation: 077-200-8161.