Claim to cancel child support
When a couple reaches the end of their life together, several legal procedures take place. One is a lawsuit. Divorce Which will be filed by one of the parties, a claim For custody children, and a claim for child support.
The purpose of child support is to enable the raising of children in good conditions, and to create a reality in which both parents share in the financial burden of raising them.
At the same time, the purpose of custody is to allow both parents to bear the physical burden of raising the children. Child support is imposed in Israel by virtue of personal law, that is, the religious law applicable to the couple.
Usually, as is customary, the children remain with their mother, with the father paying child support and maintaining custody a few days a week.
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What happens in a situation where a father who has custody of three of his children with his ex-wife, seeks to cancel the obligation to pay child support for two additional children who are in the custody of his ex-wife?
What is the correct way to file a lawsuit to cancel child support payments, and what are the considerations that the Family Court must take into account when deciding the lawsuit? Will the court, subject to financial considerations, agree to completely cancel one parent’s payment for child support?
Read more: About Child support and the cases where the payment can be reduced
These questions were recently discussed by the Ashdod Family Court as part of a proceeding TAMSH 53490-09-12 Father n Mother.
Circumstances of the lawsuit to cancel child support
A story about a divorced couple with five children, the youngest of whom is 4 years old and the oldest is 11 years old.
The two youngest children, ages 4 and 3, live with their mother by virtue of a decision of the Rabbinical Court, and she has custody of them.
The three older children, ages 8, 9, and 11, live with their father, who has custody of them.
There is a division of custody between the parties that will also allow the children to meet with each other.
Since the divorce, the father has been paying his ex-wife a total of 2,850 NIS in monthly child support for the two children in her custody.
The father has now petitioned to order the cancellation of child support payments for the two children as mentioned. The reason for this is the large amount of expenses he faces due to raising the three additional children in his custody.
The mother, on the other hand, claimed that the obligation to pay child support is by virtue of religious-personal law, and this is an absolute obligation.
Therefore, there is no reason to cancel the obligation to pay child support. The father’s obligation to support his minor children until they reach the age of 15 is an absolute obligation, with respect to their essential needs.
Regarding non-essential needs, the obligation is a matter of charity. Above the age of 15, the obligation is a matter of charity in any case. In our case, we are talking about minors who are “minors of minors” and therefore the obligation for them is absolute regarding their essential needs.
The father is a teacher who earns about 7,000 NIS per month. The mother is an optometrist who earns about 5,000 NIS per month.
Family Court Decision
First, the court determines the expenses required per month for the care of all minors.
It was determined: “As of today, the expenses of the minors are: for one of the minors in the custody of the father, an amount of 1,600 NIS per month is required. For each of the minors in the custody of the mother, an amount of 1,550 NIS per month is required.”.
Accordingly, the court made the following conclusions regarding the need for child support:
“The father has custody of three minors and his income is 7,000 NIS per month. The required expense for the minor is 1,600 NIS per month, and for all three – 4,800 NIS per month.
Hence, the income left for the father to support himself is 2,200 NIS per month. The mother has custody of two minors, her income is 5,000 NIS per month and the potential is 7,000 NIS per month.
The required expenditure for each minor is 1,550 NIS per month, and for both of them 3,100 NIS per month. This means that the remaining income for her to support herself is 1,900 NIS per month.“.
Hence, the court ruled that if the mother’s position is accepted, the father will be left without any income, considering that he has custody of three minors.
The court addressed the principle of equal burden, and determined that the burden of raising children should be equally shared by parents. In addition,
The court wondered how it would be conceivable that the father would be left without any income, therefore, under the circumstances, the logical outcome is that his request will be granted.
This is how the court ruled: “How will the father raise the minors when he cannot support himself? Why would the mother receive an income that is ten times greater than the father’s? There is no justification for this.
The principle of equality of burden will therefore apply to both the burden of raising children and the burden of earning a living.
It should be noted that this burden is the duty alongside the basic right of parents to raise their children, whom they brought into the world out of a shared desire to raise them with joy and love. There is no doubt in my mind that both parents love their children with all their heart, but the struggle between them also takes its toll on the minors.“.
At the operational level, the court ruled that the mother will pay child support for the two children in her custody, and the father will pay child support for the three children in his custody.
A few words in conclusion
It seems that in such circumstances the court’s conclusion is the most correct and logical. A person, even if he is a father of children, cannot be left without any minimal possibility of supporting himself.
As stated, there are cases in which a claim can be filed for a reduction in child support, when the life circumstances of one of the parents change, and in extreme cases, it is possible to sue and even completely eliminate the need for payment.
The Family Court examines each case on its own merits and is not in a hurry to rule on reducing or canceling child support, even though this is certainly acceptable and possible.
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