Determining child support is crucial to meet your child’s needs. In Israel, child support responsibility is determined by the parent’s personal law. For Jewish individuals, this is usually Jewish law; for others, civil law applies. But how is support calculated, and what can you do if you’re not receiving the support your children are owed?

Child support can be contentious, but understanding the laws and potential outcomes helps set realistic expectations. It’s vital to keep your child’s best interests in mind throughout the process. If child support isn’t paid, it harms the child’s well-being, and the law takes this very seriously.

Who Pays Child Support in Israel?

Previously, Israeli law specified that fathers were solely responsible for child support until the child turned 15. A recent Supreme Court decision changed this: fathers provide sole maintenance for children under six, but from six onward, both parents share responsibility. While fathers often make child support payments, the mother’s income and the child’s time with each parent are also considered.

However, remember, child support cases may be heard in the Family Court or the religious court, which follow different guidelines. A lawyer familiar with both court systems can provide better insights into potential rulings in your case.

How Are Child Support Payments Determined?

Israel does not have codified child support guidelines, so individuals with similar situations and incomes might pay different amounts. Courts consider the child’s basic needs and the standard of living before the divorce. For children under six, the court determines support without considering the father’s income. Past six, both parents’ incomes are factored into the decision. This system can be confusing, and rulings can vary.

The child support amount is calculated taking into account the financial situation of the parents and the needs of the child. Factors such as parental income, assets and lifestyle are considered by the court in determining the appropriate child support sum.

However, it is important to note that the relevant personal status law is determined by the religious community to which the parents belong (Jewish, Muslim, Christian, Druze, etc.). This law covers aspects like marriage, divorce and parental responsibilities for child support.

How Long Do Child Support Payments Last?

The duration of child support varies based on personal law. Generally, child support continues until the child turns 18, then at a reduced amount until 20 for sons and 21 for daughters.

Can You Create Your Own Child Support Agreement?

Creating your own divorce agreement allows you to negotiate child support amounts and schedules, tailored to your child’s best interests. This approach offers more flexibility than court-determined arrangements.

Can Child Support Payments Be Modified?

Sometimes, exceptional circumstances arise that may warrant a modification of your child support payments. The court reviews these modification requests on a case-by-case basis and generally approves them only if there is a significant change in circumstances. For instance, if a father sustains a disabling injury that impacts his ability to earn the same income as before, he may request a decrease in payments. Conversely, if a mother needs additional funds for a child’s new medical condition requiring ongoing treatment, she might request an increase. If you originally negotiated your child support terms as part of a divorce agreement, you may be able to renegotiate if the other parent agrees.

Under Israeli law, a child is not bound by the support agreement made by their parents. If their needs are not being met, they can independently seek additional funds from the responsible parent.

What Can You Do If Your Ex Is Not Paying Child Support?

An individual ordered by the court to pay child support or who has agreed to pay through a divorce agreement is legally obligated to fulfill this duty. However, some parents may struggle to make payments due to financial irresponsibility or personal challenges. Regardless of the reason for non-payment, your child is entitled to the support owed to them, and there are steps you can take to collect it.

First, you can open a case in Bailiff’s Court (Hotzaa L’Poal). Your ex will be served and required to account for the missed payments. The court can then take measures such as placing a lien on their wages, canceling their driver’s license, or even imprisoning them to induce payment. Another option is to approach Betuach Leumi (social security). Depending on your income, they may provide you with the necessary child support payments and pursue recovery from your ex.

Does My Ex Still Pay Child Support If They Leave The Country?

A parent’s obligation to support their child remains regardless of where they reside. If your ex has left the country and ceased paying child support, there are legal remedies available. You must file a case in Bailiff’s Court in Israel before taking further steps. If your ex is in the US, we can file a complaint with the Israeli Department of Justice, which will coordinate with the US government to locate your ex and recover the payments. This process is free of charge to you. If your ex has moved to another country, the steps will vary based on that country’s laws.

Will Child Support Cease If I Get Remarried?

In Israel, child support is solely for the benefit of the child and is unaffected by the custodial parent’s remarriage. The ex-spouse, typically the father, remains obligated to provide child support to ensure the child’s proper care. The mother’s marital status is irrelevant since the support is not for her use, and her new husband does not assume the financial responsibility for her children. The child’s father must continue paying the same amount of child support even after the mother remarries.