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Maintenance-Women
Below are readers' questions sent about 'Maintenance-Women', which we have chosen to answer. Further , and more detailed information on Israeli family law issues that relate to maintenance for women is found on our main site. To obtain the best results, run a search using relevant key words. Specific information can be found
under 'Maintenance' and particularly at:
- Is a decision from an Israeli ‘Sha’ari’ court awarding a divorcee compensation from her ex-husband, according to terms in her di
- I have just filed my husband,who left home, for temporary maintenance. I know one has to wait ages for a court hearing - does th
- Is a Jewish woman who files a "Shlom Bayit" (marital reconciliation) plea at the Rabbinical Court, for tactical reasons, and ask
- Am I entitled to maintenance from my husband if I left home because I can no longer stand being treated badly by his mother
- Am I likely to be ordered to pay maintenance for my wife if the papers served on me do not contain any documentation to support
- Where is it usually best for a wife to file for maintenance?
- Will I lose my right to maintenance from my husband if I leave him? We are both Jewish.
- Can we bring legal action against our son-in-law to get back the money we volunteered to give our daughter when he failed to su
- Do I have to support my wife financially if she has committed adultery? We are both Jewish.
- Am I entitled to maintenance from my husband for the time we separated before I filed him for financial support?
In principle, yes, providing the court ruling bears the ‘Apostille seal’ proving its genuiness, and the Shaa’ri (Moslem religious) court in Israel had jurisdiction to pass judgment, and did so according to law, and the ruling is final. However, you would be advised to check this out with a family law expert in Germany.
No! Your husband has 10 days to file his response to your application for temporary maintenance. Afterwards, the court has discretion to award you temporary maintenance on the basis of the writing pleadings of both sides, without setting a hearing.
Yes!The fact that a husband files his wife for divorce does not, in itself, take away or reduce her right to maintenance from him so long as they remain married. Her right to financial support from him will only be affected,while they remain married, if he manages to prove one of the grounds recognised under Jewish law for cancelling it, or reducing it.
Yes, under Jewish law you are entitled to financial support from your husband in these circumstances.
No - certainly not for starters! Parties to family court proceedings are obliged to include relevant evidence and documentation early on, in contrast to the procedure in ordinary civil cases,and failure to do so can mean that a plea for maintenance can be struck out straightaway. If your wife has not attached relevant evidence and documentation to the maintenance plea filed against you, then, as part of your defence, you should ask the court to strike out her plea on this basis. You may suceed, but the court has discretion to give your wife a chance to correct her plea, rather than strike it out immediately.
In a maintenance case before it in October 2008 (File 59460/07), Tel Aviv Family Court stressed that where a mother had not even attached a single receipt as proof of the children's expenses, or other vital documentation required, it would not hear the plea or set temporary maintenance for them or her. It exercised its discretion,however, and did not strike out the plea automatically, but gave the mother an opportunity to correct her mistake, and another 30 days to refile the maintenance plea.
14.06.09
At the family court. Sometimes, however, her path may be blocked, and jurisdiction over the issue may lie somewhere else. For example, if her husband has already filed her for divorce at the rabbinical court, and tied the issue of her maintenance to his plea.
Not if you are justified in leaving him , according to Jewish law. Only if you leave him without justification, will you lose your right to maintenance.
You would have little chance of success if you tried - you cannot recover money you paid voluntarily to help your daughter financially, when her own husband failed to provide her maintenance.
No! If you can prove adultery then according to Jewish law she will be a "rebellious" wife and will lose her right to maintenance during the marriage.
No! A wife is only entitled to maintenance from the time she filed for it.
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