Child support in Israel – rights, obligations and what is in between
In Israel, the obligation to pay child support is one of the basic and central obligations that apply to parents after a divorce or separation. The legal system considers child support an absolute obligation imposed first and foremost on the parents – and especially on the father, according to Jewish law. This article reviews the principles of obligation, the legal developments in the field, the differences at different ages, and the point of balance between the child’s best interests and the parents’ financial capacity.
The legal basis – personal law
In Israel, the question of child support is derived from the personal law of the parent – Jewish, Muslim, Christian, etc. Among Jews, religious law (halakhic) obligates the father to support his minor children, even if he has no actual income. The court or tribunal does not ask what the father’s income is – but rather determines the obligation according to “necessary needs” that the law defines, including food, clothing, education, and shelter (roofing).
It is important to understand that personal law differs between different religious sects, and especially when one of the parents is not Jewish – a different set of civil rules may apply to him. In any case, Israeli law considers the best interests of the child to be the supreme principle, and therefore any ruling regarding child support will also be examined in light of this principle.
The division according to the child’s age
The legal system distinguishes between different age groups, each of which has implications for the scope and nature of the charge:
- Children up to the age of 6 – the father is obligated to pay all necessary child support, absolutely. The courts almost never take into account his financial ability, and the obligation is determined solely according to the child’s needs. Even if it is a matter of joint custody – the father will still bear the majority of the child support burden.
- From age 6 to age 15 – the obligation shifts to “Medin Tzedakah,” meaning the mother is also obligated, but in most cases the father still bears the lion’s share of the expenses. The courts have begun to attach importance to the income of both parents and determine the obligation according to the ratio of income.
- Ages 15–18 – Due to their proximity to adulthood, it is possible to consider the child’s ability to work or contribute to their finances, but there is still an obligation to pay child support.
- Age 18–21 (military or national service) – reduced payment sometimes called “adult support.” This is a moral and social obligation rather than a distinct legal one, usually at about 1/3 of the support previously awarded.
Food components – not just bread and milk
Child support is not limited to basic food. Israeli case law has recognized additional needs as an integral part of the obligation:
- Section (rent or part of the mortgage) – The father must also participate in the children’s section expenses, and sometimes also in maintenance expenses.
- Clothing, footwear, transportation – basic components for every child.
- Education – payment for private kindergarten, private lessons, payment for annual trips, textbooks, and more.
- Health – unusual medical treatments, medications not included in the health basket, dental treatments.
- Leisure and classes – classes, summer camps, leisure activities that are considered “reasonable needs.”
These expenses are usually divided between the parents according to the income ratio, especially when the children are over 6 years old, or as part of an arranged parental agreement.
Joint custody and its consequences
The major change in the area of child support occurred following the landmark ruling in Case 919/15. The Supreme Court ruled that when there is an almost equal division of time spent with the parents, and their incomes are similar, there is no justification for imposing a unilateral obligation on the father alone. This sparked widespread public debate, but was welcomed by many fathers.
What this means in practice: Each case must be examined on its own merits, balancing the length of stay, income, and the well-being of the child. Fathers who spend a significant amount of time with their children may pay less, or not pay at all, if certain conditions are met.
When can alimony be reduced or increased?
A fundamental change in circumstances is key. For example, if:
- One of the parents lost his job.
- The child began to refuse to meet one of the parents (refusal of contact)
- The child’s expenses have increased significantly (e.g. new medical need)
- There has been a change in stay times.
In these cases, you can apply to the court to change the amount of child support. You must prove a substantial change, not just a minor or temporary change.
Child support enforcement – what happens when you don’t pay?
When a parent is obligated to pay child support and does not pay, an enforcement case can be opened to collect the debt. Within this framework, you can:
- To seize bank accounts and property
- Revoke a driver’s license or passport
- Apply for an arrest warrant
Also, when alimony is not paid through National Insurance, it is sometimes possible to receive payment from the National Insurance Institute (in cases that meet the criteria).
Is it possible to agree to waive alimony?
According to the Legal Capacity and Guardianship Law, parents are not permitted to waive child support on behalf of the child. Any such agreement requires court approval, which will ensure that the best interests of the child are protected. It is not possible to pre-determine consent to completely exempt one parent from child support, even if there is an equal division of residence times.
Summary
The issue of child support in Israel combines halachic, ethical, legal and economic principles. It is important to understand the rights and obligations, and to consult with a lawyer specializing in family law to ensure that agreements are made legally, and decisions are made on the correct basis.
For additional questions or for personal legal advice, contact the Sharon Segal Law Firm at: 077-997-4020
