Distribution of child support burden
When considering the distribution of child support, the family courts are required to factor the following: the extent of the needs of the children, the ratio of income between the parents and the ratio of the length of stay of each parent with the children.
In order to calculate each parent’s alimony, the court will take the income ratio and deduct from it the amount of expenditure that the parent incurs while the child is with him. This formula is supposed to ensure equality in the burden of alimony, according to which each parent will bear the costs of the children according to the length of their stay with them.
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
In July 2017, there was a big change regarding child support, after the Supreme Court ruled in a judgment in 919/15 that a matter of equality in the child support burden between the parents.
This judgment dramatically changed the situation that existed until then, according to which the father is the one who bore the obligation of alimony alone and would pay double alimony: the expenses of the children when they are with him and when they are with the mother .
The legal situation before the judgment
Until the new law which we will immediately explain, the child support obligation was entirely the responsibility of the father, who was required to pay the mother the child support. The mother’s responsibility in this matter was limited to participating in alimony from a charitable state only, between the ages of 15-18, provided that her financial situation allows it. Also, the parents’ time spent with the children had virtually no meaning.
The only progress made in this area over the years is the reduction of alimony in joint custody, however, this reduction was entirely dependent on the judge’s discretion depending on the circumstances of the case. Also, even if it was decided that there was room for this, it was not higher than 50% of the alimony in full custody, which still left the father with double payment. After many years, in which this state of sole child support liability led a significant portion of fathers to an economic crisis, the Supreme Court ruled that from now on there would be equality in the child support burden. What Is? We will explain below.
The change - equality in burden
The Supreme Court has listed a number of considerations in its ruling, the most prominent of which is the need to apply the principle of equality with regard to child support liability. This is, among other things, out of the understanding that the social situation has changed and the father is no longer the sole or even main provider of the family unit. This is because many women develop careers and have good financial ability and therefore, there is no reason why the mother should not bear the alimony liability as well. The Supreme Court also understood that according to the current situation, fathers in Israel are obligated to double the payment of alimony and bear a huge financial burden on their shoulders. Therefore, according to the new law, the father is liable for child support alone only until the age of 6, so in the vast majority of cases, the child is also in full custody of the mother due to the presumption of infancy. However, from the age of 6 and up, the parents will be liable together for the child support obligation, depending on their time of stay with them and their income ratio.
A new formula for calculating alimony
Since the Supreme Court ruling, when considering the distribution of child support, the family courts are required to factor the following: the extent of children’s needs, the ratio of income between parents and the ratio of each parent’s length of stay with children. In order to calculate the alimony of each parent, the court takes the income ratio and reduces the amount of expenditure that the parent incurs while the child is with him. This formula is supposed to ensure equality in the burden of alimony, according to which each parent will bear the costs of the children according to the length of their stay with them. When determining this revolutionary new law, there are questions that remain unanswered and above all, does this new law also apply retroactively?
Question : Retroactive reduction?
The ruling left several questions open, including whether the new law applies only to ongoing and future cases, or also retroactively. This determination has enormous economic significance for all divorced couples in Israel whose child support payments were determined before July 2017.
As of this writing, there is no unequivocal answer to this question, because opinions among family court judges are divided and no decision has yet been made by a higher court. For example, the Honorable Justice Oved Elias in his judgment of 4542-03-16 Ruled that the new law applies retroactively without any conditions and the meaning of this determination is that any father in Israel may apply to the court for a reduction of the alimony prescribed to him. In contrast, other judges held that retroactive application was possible only if the father had demonstrated a change in circumstances which would have justified the alimony reduction anyway.
There is no one case similar to another, and therefore as lawyers specializing in family law, we believe that the right solution is to consult with us, so that we can experience our professional opinion, whether it is possible in the case before us to reduce alimony.
In Conclusion
Child support consultations with a lawyer
Support for children is a sensitive and complex issue that often constitutes one of the main points of contention during divorce proceedings.
It is strongly recommended that you seek the assistance of a lawyer who specializes in family law and divorce to facilitate the administration of the proceedings, to exhaust all your rights, and to ensure that you reach the best outcome in the shortest time possible.
Mor & Co.’s family law department has extensive experience in this area of law. Our firm handles complex family law cases and represents and litigates in court.
As a firm with extensive experience in the legal treatment of divorce cases, we undertake to do our utmost to make our clients aware of our rich experience, maintain and be cautious in all matters related to the legal process, and take care of their interests. We invite you to contact us at 02-595-3322 or on WhatsApp at 050-811-6181 for legal advice on matters related to alimony and the welfare of the minor.
