What is alimony and how will spousal or child support be calculated?
The issue of alimony is often a central player in the divorce process between spouses. Determining the amount of alimony is a fundamental matter and has a long-term impact on the economic capacity of the parties after the marriage ends.
The amount and scope of alimony is influenced by the judicial body that hears the matter:
Unique authority for the Rabbinical Court
A divorce suit was filed and included a sincere request to also hear the child support claim. In this case, the Rabbinical Court will have exclusive jurisdiction and with the consent of the parties.
Parallel authority
A divorce petition has not yet been filed with the Rabbinical Court, or it has been filed and does not involve the issue of alimony. In this case, the matter can also be discussed in the Family Court.
Wife’s child support
First, it is important to note that a woman can claim alimony from her husband or his estate even when there is no divorce proceeding. In this case, the woman may, at her option, apply to the Rabbinical Court or the Family Court to determine the amount of alimony.
Secondly, we emphasize that spousal support in the event of a divorce proceeding is paid until the date of the issuance of the get or until the date on which the court orders her to divorce in a judgment. After that, spousal support is not paid, but only child support.
Regarding alimony, a distinction must be made between entitlement to alimony and the rate of alimony:
Eligibility for spousal support
The applicable law in this matter is religious law, even when the hearing is conducted in the Family Court and not in the Rabbinical Court. In this matter, the woman’s entitlement to alimony will be examined according to her actions during the conflict with her partner. For example, a “rebellious” woman who has not fulfilled her duties to her husband and home or has left without reason or betrayed her husband is not entitled to alimony. On the other hand, a reason “as light as a feather” is sufficient to obligate the husband to pay alimony.
Alimony rate
In this case too, religious law will apply, taking into account the circumstances of the existing reality. The determining principle regarding the amount of alimony is that a woman “goes up with him and does not go down with him.” The practical meaning of this principle is that the amount of alimony should be determined according to the standard of living to which the woman has become accustomed during the years of marriage, and not only according to her needs.
The fact that her husband’s deteriorating financial situation does not affect the amount of alimony that will be awarded in her favor. On the other hand, the factors that affect the amount of alimony are, among others: all of the woman’s needs, including housing, regular payments for home maintenance, finances, grooming, clothing and footwear, education, and more, the husband’s salary and his income from other sources, the woman’s income from her “self-employment” work, and whether it is sufficient to meet the requirements of the standard of living to which she is accustomed.
Child support
The right to child support is granted to each child during the period up to and after the divorce. The couple’s marital status is not relevant to the question of child support – meaning, a child is entitled to support even when his parents are not married or when they are married to others. Moreover, child support will also be paid by someone who did not want the child to be born and did not know about its existence. Similar to spousal support, in this case too, religious law applies regardless of the identity of the judicial body.
The amount of child support is determined based on the child’s needs and is divided according to the following breakdown:
Up to age 15
The child’s father is responsible for paying all necessary expenses. This includes housing, education, footwear and clothing, finances, and more. Additional expenses are divided equally between the parents.
Age 15-18
At these ages, parents share all expenses equally, taking into account their income level.
Age 18 and older
Usually, child support payments cease at the age of 18. In certain cases, the court may determine that the payment of support will continue during military service until the age of 21. The support rate in this case is approximately 1/3 of the support paid in the period prior to that.
Whether it is a matter of spousal support or child support payments, in light of the many factors that affect eligibility and the amount of support, it is advisable to consult a lawyer in order to maximize your legal rights.
- For further reading on foods: Foods for public awareness
Read more information and articles on the website
Appeal against child support payment – Let’s read an interesting review of a ruling in an appeal filed by a father against a Family Court ruling regarding child support that was ruled against him…
