Paying child support in joint custody? You must read!
If you are a divorced person who pays Foods for children Ages 6 to 15, and you have joint custody of them with your ex-wife, your situation may have changed for the better following the new precedential ruling that was determined by the Supreme Court on July 19, 2017, as part of the case 919/15 So-and-so v. So-and-so.
For, while the previous law determined that only the father would be responsible for paying child support for children aged 6 to 15, Who are in joint custody, albeit at a reduced fee, then the new law states that now both the father and the mother will jointly bear the cost of child support, although the division between them will be made according to their financial capabilities, as we will explain in detail in the review below.
Section 3 (a) of the Family Law Amendment (Support) Law, 5719-1959, states that: “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, and the provisions of this law shall not apply to such support.“.
In other words, this section refers to the child’s personal law when it comes to claiming child support. It follows, therefore, that when it comes to Jewish children, one must turn to Jewish law.
In principle, according to Jewish law, there are two types of child support payments: child support payments for necessary needs and child support payments for needs under the law of charity.
Necessary needs are needs that are essential to the children’s existence, such as food, clothing and footwear, education, care for young children, shelter, and urgent health needs. Whereas charitable needs are excess needs that are not essential to the children’s existence, such as trips, entertainment, classes, gifts, and the like.
For children up to the age of 6, according to Torah law, the father alone must absolutely finance the children’s essential needs, regardless of his financial ability, and even if he has no income at all.
On the other hand, both parents participate in financing the needs from the law of charity, but this is according to the ratio of their incomes, and to the extent that the mother’s financial situation allows it.
The Chief Rabbinate regulation from 1954 determined that this should also be done for children from the ages of 6 to 15, in light of the conservative approach according to which children should be transferred to the mother’s sole custody. During and after divorce Their parents.
As a result, the father must in fact finance all of the children’s essential needs until the age of 15, while with regard to the needs from the law of charity, both the father and the mother bear them, according to the ratio of their incomes, and to the extent that the mother’s financial situation allows it.
However, since in recent years more and more children are being transferred to joint custody with both parents and not just the mother, a development has occurred in case law. Family courts A trend whereby the father will continue to bear the sole responsibility for financing the necessary needs of children from the ages of 6 to 15, but the amount of payment imposed on him must be reduced, in a way that also takes into account the necessary support that the father himself provides for his children directly when they are staying with him.
As mentioned, this rule has now been repealed, with the issuance of the new Supreme Court ruling, which determined that now both parents will jointly bear the cost of financing the children’s essential needs, although according to their financial capabilities.
As a result, if it turns out, for example, that the financial capabilities of both parents are identical, so that the parents must equally share the financing of the children’s essential needs, then the result will in fact be that the father will not be required to pay at all. Foods.
Moreover, if it turns out that the mother’s financial capabilities are greater than those of the father, then it is even possible that the payment of child support will be imposed solely on the mother!
In this context, it is important to remember that the amount of child support determined in the judgment, or in an agreement between the parents that has been given the force of a judgment, is not a final and absolute amount and can certainly be changed if a substantial and significant change in circumstances occurs that justifies a change in the amount of child support, or even its cancellation..
Therefore, if you are paying child support according to the previous law for your children aged 6 to 15, who are under joint custody between you and your ex-wife, then you can contact attorney Sharon Segal and immediately file a claim for a reduction or To cancel the payment of child support That you have to pay for them.
The claim will be filed with the same family court or rabbinical court in which the original amount of child support was determined.
In the past, it was common to file such a claim on grounds such as a change in the father’s health, which reduced or eliminated the father’s ability to earn a living, or if the child is rebellious and refuses to have contact with the father in an extreme and serious manner.
Now a new ground has been added in this matter, following the new ruling given in the case of B.A.M. 919/15, as stated above.
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Joint custody, child support
Child custody and child support are the two most important issues when deciding to divorce. Since the Supreme Court’s landmark ruling in Tax Case HCJ 919/17 in 2017, the issues are also intertwined: When there is joint custody, child support is canceled in certain cases. In any case, it is recommended to consult with experts in the field. The Sharon Segal Law Firm has accumulated extensive experience in this area, and at the same time, the firm’s staff is absolutely committed to both the client’s and the children’s best interests.
In which cases of joint custody is alimony mandatory and in which not?
- Little children – In most cases, there is an obligation to pay child support for children up to the age of 6, regardless of the custody issue.
- Income gaps – When there is a significant gap between the father’s earning capacity and the mother’s earning capacity, it is possible that the party with the higher salary will pay child support. In this context, it is worth knowing that non-work income, such as rent, is also included in the calculation for this purpose.
- After age 18 – In principle, child support is paid until the age of 18. However, the accepted ruling is to require the payment of support even when the child is in military or national service, or alternatively is studying in the 13th/14th grade. At these ages, support will be reduced.
- Differences between judicial bodies – Child support is determined in both family court and rabbinical court. It is important to pay attention to the choice of judicial instance, because there are differences between the civil and religious ones.
Joint custody for the sake of the children
All experts recommend joint custody – not out of financial considerations (although they are of course also important), but out of the understanding that a significant presence of both parents in the children’s lives after separation minimizes harm to them. In order to arrange child support in cases of joint custody in your best interests and the best interests of the children, the Sharon Segal Law Firm acts with both professionalism and sensitivity. The lawyers at the firm are also certified mediators, and are responsible for formulating comprehensive and beneficial divorce agreements for the benefit of all parties. If necessary, the service also includes representation before the relevant judicial bodies in order to reach the desired result.
