The role of Social Security in enforcing child support payments
The Alimony Law (Promise of Payment) serves as a tool for those entitled to alimony payments when the debtor does not comply with the alimony ruling.
It should be emphasized that the law specifies a list of prerequisites for eligibility, which, if met, will result in the National Insurance Institute paying the recipient of alimony a monthly payment and collecting from the debtor the amount of alimony owed to him:
First, there is the entitlement for a wife or child who is a resident of Israel and holds a judgment for alimony.
To this initial condition, other conditions are added concerning the residency status of the beneficiary or debtor at the time of the judgment, the personal situation of the beneficiary of alimony, including her age and ability to work, additional children in the beneficiary’s possession, an income test, and more.
Also, alimony is not only determined after a divorce. Recent rulings state that it is also possible to collect Payment Alimony payments to the public.
Therefore, it is recommended to consult with lawyer who deals with the field, before submitting the application to the National Insurance Institute.
Request for payment under the Alimony Law
A person entitled to a judgment determining alimony obligations should contact the branch of the National Insurance Institute located in his area of residence.
The application must be accompanied by copies of the judgment, identification documents, bank certificates, pay stubs, and everything as specified in the regulations.
You must also be careful to attach documents and details relating to the debtor who is evading the payment of alimony.
The child support payments will be paid to the eligible person from the date the application is submitted. Regarding child support payments for the period prior to the submission of the application, the matter is subject to the investigation and decision of the Claims Officer.
Determining the rate of child support
The amount of alimony paid by the National Insurance Institute is the rate of alimony determined in the judgment or the amount determined in the regulations of the Alimony Law – whichever is lower.
After the payment of the aforementioned amount, the institution will proceed to collect the alimony from the debtor. In the event that the National Insurance Institute has collected the full amount of alimony from the debtor and this amount exceeds the alimony paid to the eligible person, the differences will be transferred to him after collection.
Beyond that, the regulations determine additional factors that affect the rate of child support paid by the National Insurance Institute.
For example, the income of the eligible person affects the rate of alimony payments, such as income from work, income from non-work including capital, property, National Insurance benefits, foreign benefits, etc., the age of the children eligible for alimony, the personal status of the eligible person after the alimony ruling, and more.
The child support will be paid to the eligible person by The National Insurance Institute As long as there is no change that cancels the ruling or changes its content.
Starting from the date of the initial payment of alimony to the eligible person, the National Insurance Institute contacts the debtor with a demand for indemnity.
Within this framework, the National Insurance Institute is authorized to take various procedures against the debtor, including enforcement procedures that include arrest and imprisonment. This authority benefits the entitled party and facilitates collection procedures from the debtor.
Cessation of child support payments
In certain cases specified in the law and regulations, the National Insurance Institute will stop paying child support to the eligible person.
- The termination of child support payments may occur in the following cases:
- When a judgment was rendered canceling the requested child support payments
- In circumstances where beneficiaries were removed from the estate custody About the children
- In the event that the eligible person’s income exceeds the benefit reset point determined in the regulations
- when Enforcement proceedings have been initiated Against the debtor not through the National Insurance Institute
- When changing the residency status of the eligible persons
- In the event that the debtor moved to live with the beneficiary
Appeal against the decision of the National Insurance Institute
Entitled to benefits Foods According to a ruling in which the decision of the National Insurance Institute regarding eligibility for alimony or its rate is unacceptable, an appeal may be filed with the Labor Court.
It should be noted that filing an appeal is limited to six months from the date of receipt of the National Insurance Institute’s decision.
On this issue, as well as on other issues involving the payment of alimony by the National Insurance Institute, it is recommended to seek legal advice to ensure the effectiveness of the treatment and the realization of rights.
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