Maintenance-Children

Two possible lines of legal action should be considered to tackle the child maintenance set, apparently according to an agreement authorised in court.  One option relates to cancelling the agreement, wholly or in part, according to the restricted grounds under contract law, to be examined according to the particular circumstances. In general it is very difficult to cancel court-authorised agreements. However, if you were not represented by an lawyer, issues of possible mistake or deceit ,which are grounds for cancellation, should be checked out, as you do not speak Hebrew, before this option is ruled out. 

The second possible option is to file for a reduction in child maintenance - based on a substantial change in circumstances. On the face of it, from what you say, you could well have a basis for this - and you would be advised to get individual legal counselling, so that the agreement and ruling can be examined, in relation to the apparent changed circumstances of both yourself and your ex-wife. You will then be advised as to whether you have a good chance of succeeding in getting the maintenance reduced.

Yes – because it is part of your overall income, and if it were not  it  would be regarded as part of your earning potential,which would lead to a similar result. So held the Supreme Court in Leave of Family Appeal Case  3432/09 in June 2009 where 500 NIS that the father funnelled from his salary into savings accounts were ,it said, correctly taken into account by the family court when it set child maintenance.

Though salary level is important,it is just one aspect of a father's overall  financial capability which derives "not only from the salary - and certainly not from the 'net' amount of the salary which often does not reflect the true picture.....but from the sum of all the financial sources available to the person paying the maintenance,including assets,savings and even earning potential," the Supreme Court emphasised in Family Appeal Case 3432/09,  in June 2009. The main issue is not how much a father earns but rather how much he can allocate to providing for his children’s needs,it said.

It should be stressed,however,that depending on the parents' religion,and the children's ages,the financial responsibility for supporting minor children may fall solely on one parent (the father) or be shared between both parents,depending on their relative incomes.

While there is nothing to prevent a person from representing himself at an Israeli family court, and not hiring a lawyer, if you do so, your rights are unlikely to be properly protected because of your lack of legal knowledge and training (legislation,case law and procedural rules), and your inexperience at advocacy and managing legal proceedings. There are no standard forms that would result in an automatic change in the level of child maintenance set by an Israeli court if your income changes.

Yes, in principle – providing the issue of paternity is not in dispute,and the law of the country where the child lives obliges the father  to support his child. If the father is registered on the foreign birth certificate this will be sufficient to prove paternity. If not you will have to prove paternity,either by genetic testing ordered by the family court in Israel, where proceedings would be held, or, as an exception,on the basis of other documentary evidence,such as letters and pictures.

Yes, as long as the children live in the family home, there will clearly be no need to set maintenance for renting a property for them to live in, within the amount set for “accommodation” ,as bare shelter will be provided. However, the parent who is obliged to pay child maintenance will still have to bear a relative portion of other accommodation costs such as municapility taxes, house committee dues, electricity,gas, telephone/internet etc.

If the late or non-payment of child maintenance is in contradiction of an arrangement set in a divorce agreement or court judgment/decision,and is part of a clear pattern, rather than one or two isolated incidents, then you can make an appropriate claim ,based on contempt of court. Within this, you can ask the court to fine the father for his omissions regarding child maintenance,and for breach of the agreeement or judgment/decision concerning child maintenance. This type of legal action on your part is designed to put the father back on track regarding his fulfillment of his financial obligation to support your mutual child.

You have 10 days to file  your written response - you would be advised to get suitable legal counselling and representation,so that you can present your case properly, both in terms of the substantive and procedural law governing child maintenance. If you do not, you could find your response does not even meet the basic,techical requirements, and is liable to be struck out on these grounds alone. 

within 15 days.

Yes! Child maintenance is separate and in addition to child benefit paid by the national insurance institute ('Bituach Leumi'),according to law.

Yes, it is possible. Child maintenance in Israel is not just based on a minor's needs, but also depends on the parents' religious affiliation and earning potential.

Where the custodial mother and the father are Jews, then Jewish religious law applies, and he,alone, is responsible for providing the child's basic needs until the age of 15. Where the custodial mother is Jewish, but the father is Christian, civil law applies, and both parents are responsible for providing the child's basic needs,depending on their relative incomes.

Accordingly, it is quite possible that your friend,who was married to a Jew, gets around twice as much child maintenance as you,who were married to a Christian,even though you both have children of a similar age.

The court will calculate the needs of each child,and afterwards the income and earning ability of each parent. Where the parents have different religions,as in this case, the financial burden for supporting their minor children is shouldered by both of them, according to their relative incomes.

Yes, in certain circumstances! According to section 4(2) of the Family Law Amendment (Maintenance) Act of 1959, a person can be obliged to pay maintenance for a child who has reached adulthood, providing he,himself, has enough to supply his own needs, those of  his spouse/partner and his minor children, and , providing that his  disabled adult child "is unable to supply his needs from work,his property or from another source."

Yes ! You are still legally obliged to pay child maintenance for your son even if he is abroad on holiday with his mother for a month. His material needs as quantified by court exist,whether he is actually in Israel or abroad.

No! Minor children's rights to maintenance are totally independent from their mother's behaviour. Your children will still be entitled to be supported by their father irregardless of whether you leave home, and whether you were justisfied in doing so.

Yes, you can open a child maintenance file against the father, at your local family court in Israel, and ask for permission to serve him with the documents overseas.

Under Jewish law a father is able to get a reduction in child maintenance if his teenage son is "rebellious". You can apply to court for a reduction in child maintenance, based on his behaviour. If you are found not to be at fault and your son's refusal to see you is unjustified, they you may well be entitled to pay him less.

Quite possibly - you will  need to apply to court for a reduction in your maintenance obligation. It will decide whether the drop in salary is sufficient in your case to amount to a substantial change in circumstances that justifies reducing the child maintenance you should pay.

Yes,  you can ask the court to reduce your child maintenance obligation. In principle, remarriage and the birth of an additional child are regarded as changes in circumstances that can justify a reduction in child maintenance. If the court considers this to be true, given your particular circumstances, then it will order a reduction.

Yes !

She can open a file at the bailiff's concerning the maintenance debt, and request an order obliging his employer to deduct the child maintenance from his salary every month, and transfer it to her.  She can also request that back maintenance owed be deducted from his bank account, if she knows with which bank he has an account,even if she does  not know the branch.

Possibly - this will depend on your relative incomes. Under Jewish law, once a child is over the age of 15, the burden of supporting them no longer falls solely on the father's shoulders. It is shared between the parents,depending on their relative incomes. If you do not work, or do, but have a low income compared to your ex-husband, then he will still be liable for all or most of the burden of supporting your daughter. If, however, you have a reasonable salary, you will be obliged to participate in supporting her financially.

Yes, there is an accepted principle that a conscripted soldier who was entitled to child maintenance as a minor, should get a third of the amount he received previously, during his army service, though the definitive answer may well depend upon the wording of the court order, or agreement authorised by court.

Normally until the child reaches 18, but longer if there is a court judgment or agreement stating that it should be paid until after he/she finishes high school , even if after the age of  18, or until he/she starts compulsory military service.

Yes, he is under a civil law obligation to support the child, if paternity is established in the family court, even if the pregnancy was unintentional . Islamic law does not recognise paternity outside of marriage, and there is no obligation for the Moslem father of child born to a single  Moslem mother to support the minor. Accordingly, the Sha'ari (Moslem religious) court has no role here.

Under Jewish law, the father will be sole financial responsibility until the children are 15. From the age of 15-18 financial responsibility for supporting the children will be shared between both parents, depending on their relative incomes.

Yes, courts tend to award between 1,200-1,500 Shekels a month  minimum child maintenance, without the accommodation element (contribution towards rent, and overheads).