Child support in the rabbinical courts versus the family court 2026 – who is authorized to decide and which is better?
One of the central issues in divorce proceedings in Israel is where to discuss child support – in the family court or in the rabbinical court? It is not just a technical matter. This decision can affect the amount of child support, the treatment of the parents’ time with the children, the division of extraordinary expenses, and the rights of the child.
Two different courts – parallel jurisdiction
In Israel, there are two courts that can hear child support cases:
- The Family Court is a civil court.
- The Rabbinical Court – operates according to religious law.
Both of these bodies are authorized to discuss child support, and the difference is mainly in the legal approach and the outcome.
What is a power race?
When both parents file claims simultaneously – one to the family court and one to the rabbinical court – the place where the first claim was filed is where the proceedings will be conducted. Therefore, the speed of filing the claim is of great importance.
for example:
– If the mother previously filed a claim for child support in the family court – this is where the procedure will be conducted.
– If the father filed a lawsuit in the rabbinical court with a request for a comprehensive settlement that also includes child support – the authority will be transferred to the rabbinical court.
Differences in the approaches of the courts
Family Court:
– Ruling according to modern civil rulings.
– Takes into account the children’s time with each parent.
– Allows for a reduction in child support when there is joint custody and similar incomes between the parents.
Rabbinical Court:
– Ruling according to Jewish law.
– Tends to obligate the father to pay full child support even when there is an equal division of residence time.
– Considers less the mother’s income and equality between the parents.
The impact of the ruling – Verdict Ltd. 919/15
In 2017, an important ruling was made by the Supreme Court, which stated that when children spend equal time with both parents, and their incomes are similar, child support may not be awarded at all, or reduced child support may be awarded. This only applies from the age of 6 and up, and does not bind the rabbinical courts.
In practice, fathers who want to pay less child support will prefer to hear the case in family court. On the other hand, mothers who want higher child support will often prefer the rabbinical court, especially if the children are small.
So what is better?
It depends on the case:
– If there is joint custody and similar incomes – family court is usually preferable.
– If there are large wage gaps or the mother is raising the children almost alone – the rabbinical court may be better.
– If there is a concern that the father will delay the divorce – sometimes it is appropriate to conduct part of the procedure in court to create leverage.
– If you want more flexibility and a chance for settlements – the family court is considered more convenient.
Is it possible to transfer the hearing from one court to another?
In most cases – no. Once a lawsuit has been filed in one place, it is impossible to change the place. Therefore, it is very important to consult with a lawyer in advance and choose the right path.
Agreements between parents – only if approved
Even if the parents agree on the amount of child support, the agreement must be approved by a court or tribunal to be valid. Child support cannot be waived without formal approval.
Summary
- Child support can be claimed in court or in the tribunal.
- Each court rules differently – so it is very important where you turn first.
- The decision on which forum to turn to can determine the entire outcome.
- It is worth getting legal advice before you start – to avoid irreversible mistakes.
For additional questions or for personal legal advice, contact the Sharon Segal Law Firm at: 077-997-4020
