Family lawyers
Increasing or reducing child support
The payment of child support is intended to meet their needs and take care of their well-being, but it also has great economic significance for the couple.
Therefore, one of the questions that arises in the context of this issue, is whether it is possible to increase or decrease alimony once it has been determined. This is what the article in front of you will deal with.
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
How is alimony determined?
The issue of child support, like other divorce issues, will be decided in one of two ways: as part of a divorce agreement or a child support claim. The preferred way is of course the formation of a mutual agreement between the spouses, which will be enshrined in an alimony agreement, Or in a comprehensive divorce agreement. However, due to the economic implications of this issue, in many cases, the couple is unable to reach agreement and aalimony claim is filled. So, the court is the one who will decide the issue, when since 2017, there has been equality in the burden of alimony between the parents.
Therefore, the court will determine the amount of alimony , according to each parent’s length of stay with the children and their income ratio, taking into account the extent of the children’s needs. One of the main questions that arises in the issue of child support, is whether it is possible to change the amount of the payment once it has been determined. The principled answer to this question is in the affirmative, because any decision concerning the needs of minors such as alimony or custody is not absolute and is always open to reconsideration, how and under what conditions? We will explain below.
Increasing or reducing child support
Until the judgment of 919/15, the basic rule was that a change in alimony after it was determined is possible only by proving a material change in circumstances. It seems that this rule will continue to apply with regard to alimony cases that were decided after the judgment of the Supreme Court in Ltd. 919/15, which ruled A more equitable distribution of alimony between parents. This is because each parent’s share of child support is determined according to the income ratio between the parties. Therefore, if this ratio has changed significantly due to deterioration or benefit in the financial situation of one of the parents, Then there will be room to go to court and ask for an increase or decrease in alimony. 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.
However, what about alimony cases that were decided before the new law? Today, due to the equality in the burden, the amount of alimony to which fathers are liable is considerably smaller, however until July 2017, the alimony obligation was mainly on the father and the amounts of alimony in which fathers were charged were much higher. Will all those fathers now be able to ask for the reductionIn alimony based on the new law or can only a substantial change in circumstances lead to a reduction in the amount of payment?
Substantial change in circumstances
Since the Supreme Court ruling, quite a few lawsuits have been filed by fathers seeking to reduce their alimony payments based on the new law. That is, they do not necessarily present a substantial change in their personal circumstances, but argue that due to the fact that today there is equality in the alimony burden between the parents, they should be granteda reduction in the alimony set for them, after all, the motherneeds to Bear part of the payment. The opinions of the courts Family matters are divided on this issue. For example,The opinion of the Honorable judge Obad Elias in the frame of 4542-03-16, is as follows:, Any father can request to reopenan alimony ruling, on the sole basis of the new law, without the need to prove a change in circumstances.
What is a material change of circumstances?
On the other hand, the Honorable Justice Nitzan Silman ( 18283-1017) believed that the requirement to change circumstances should not be completely abandoned, but should be eased. Another approach to this matter It is here that a distinction must be made between the alimony charge set forth in a divorce agreement, and the alimony charge given as part of an alimony claim. In the first case, the intervention of the court should be reduced due to the need to respect the consent of the parties at the time as to the amount of alimony. On the other hand, in the second case, when the amount of alimony is determined in a legal proceeding, there is room for a re-discussion of the amount of alimony on the basis of a change in the law. It should be emphasized that all these judgments are of the Family Courts and therefore, Are not a binding rule. Therefore, until the matter is heard by the Supreme Court, the judgment of any such claim is gonna be decidedMainly in accordance with the worldview of the judge hearing it.
Lastly, the importance of legal representation
Legal consultations with a family lawyer
It is common for divorced parents to discuss the issue of reducing or increasing alimony. Sometimes one parent becomes significantly richer after the divorce, while the other withdraws for various reasons, such as the cost of living or illness.
Are you concerned that the alimony awarded to your children is insufficient or excessive?
We strongly recommend that you consult with an attorney who specializes in family law and divorce, in order to examine your options.
Mor & Co. has an established practice in family law.
Our firm handles complex family law and divorce cases, as well as representation and litigation in court.
We have extensive experience in legal handling of family and divorce cases, including alimony matters.
Our goal is to do our best and provide our clients with our extensive experience while maintaining and being cautious in all matters concerning the legal process and protecting your interests.
For legal advice on matters related to increasing or decreasing alimony, we invite you to contact us by phone today at 02-595-3322 or on WhatsApp at 050-811-6181
