When couples separate after a procedure Divorce And they have children together, the law states that the non-custodial spouse must pay child support to the custodial spouse.
purpose Alimony They are to allow the spouse who is raising the children breathing space and financial assistance to care for the children and provide for all their needs. In addition and primarily, the purpose of child support is to balance the financial situation between the custodial spouse and the non-custodial spouse.
However, we often encounter phenomena in which both partners maintain Joint custody of the children. This means dividing their time by agreement for the purpose of supervising, guarding, and caring for their common children.
Often, separated couples live nearby in order to allow their children to be close to both of their parents.
What happens in the case where the couple raises their children together? How will this method of raising affect the amount of child support?
In this particular case, the District Court dealt with an appeal filed following a decision by the Family Court.
In the review before you, we will therefore discuss the proceeding P.S. 25027-02-14 So-and-so v. So-and-so.
The facts of the case that led to the filing of the appeal
The Family Court ruled that between spouses there will be Joint custody Alimony For the couple’s two daughters. He also determined that the father would pay child support at the rate of 1950 NIS per month, 40% of their child support, and 500 NIS of their child support expenses per month.
It was also determined that the father would bear half of the expenses for his daughters’ holidays, vacations, education, and medical expenses.
This is a couple who married in 2006, their two daughters were born in 2007, and in 2011.
Both spouses have the same income of 11,000 NIS as determined by the Family Court.
The father did not give up, and filed an appeal against the Family Court’s decision.
The father’s arguments in the appeal for the reduction of child support payments
The father claimed that his salary is 8,000 NIS and the mother’s income is approximately 13,000 NIS, contrary to the Family Court’s ruling.
The father also claimed that the Family Court erred in the amount of child support and the division it imposed on him at a high rate.
The father claimed that the Family Court erred both in the amount of child support and in imposing child support in general, mainly in light of the couple’s joint custody.
The mother, on the other hand, denied the father’s claims, both regarding the amount of child support and regarding the imposition of child support and the section fees for which he was charged.
The mother also claimed that her salary was as determined in the Family Court and not as the father claimed.
Alimony and the question of joint custody
As described above, child support is imposed on the non-custodial spouse in order to balance the spouses and their right to a personal life and a fair welfare life, even if one of them is responsible for raising the children.
We note that in the State of Israel, alimony is imposed by virtue of the personal law imposed on the spouses, i.e., religious law.
This is what Section 3(a) of the Family Law Amendment (Support) Law, 1959, states: “A person is obligated to support his minor children and the minor children of his spouse according to the provisions of the personal law applicable to him.“.
Even when there is joint custody, the obligation to pay child support is not canceled.
District Court Decision
The District Court was asked to intervene in the Family Court’s ruling, as it is an appellate court and not a court that hears the evidence anew. The District Court must examine whether the trial court erred in the legal conclusions it reached.
The District Court ruled that the father should be required to pay the necessary support for raising his daughters, as this is an obligation stipulated by law, so the court has no authority to intervene in the actual imposition of support.
However, the court determined that it must intervene in the amount of child support determined by the Family Court due to the circumstances of the case before it.
The court ruled that when it comes to joint custody between the couple, the father fulfills his duties by virtue of being the custodial father, and therefore this must be taken into account when imposing child support.
It was further determined that the couple’s salary is indeed at the rate determined by the Family Court, and this determination should not be interfered with.
As for the amount of child support, the District Court ruled that it should intervene and set it at 1300 NIS for each of his daughters. The District Court also found that the amount of the child support payments and the ongoing expenses imposed on the father should be reduced, in this sense, approximately 50% of these expenses should be reduced.
The district court justified its decision by saying that the parents should be given an “equal ruling” regarding the financial burden imposed on them, because they are both custodial parents.
A few words in conclusion and as a result of the appeal verdict…
This is a unique ruling that actually promotes equality between parents. If there was once a clear presumption that the father would bear the absolute burden of child support, today a more egalitarian view on the subject is slowly taking shape in court rulings.
This decision by the District Court is also consistent with the joint custody approach that has been gaining momentum in recent years.
For any questions regarding the possibility of reducing child support payments in light of joint custody between the parents after the divorce, it is recommended to consult with a lawyer with experience in the field.
