Abandoned child according to law and the rights of the custodial parent
The painful phenomenon of a child who has been abandoned by one or more of his parents is a phenomenon recognized by the law, in a way that places the responsibility for caring for his well-being on the national institution, in cooperation with the Ministry of Welfare and Social Services.
When it comes to abandoned children, a distinction must be made between:
- A child who has been effectively abandoned by both parents, and without being awarded child support from either of them – in such a case, the child is entitled to receive an income support allowance.
- A child who has been abandoned by at least one of his parents, usually the father, who is obligated to pay child support and yet does not pay it – in such a case The child is entitled to receive child support.
Receiving an income support benefit
As mentioned, a child who has been abandoned by both parents, without either of them being obligated to pay child support, is entitled to receive an income support allowance from the National Insurance Institute.
An abandoned child as stated is defined in the Income Security Law as a child who is a resident of Israel, at least one of whose parents is a resident of Israel, and who has been abandoned by both of his parents together, or has been abandoned by only one of his parents, but the other parent is absent, or does not live with him, and cannot regularly fulfill his duties as a parent towards the child.
Exceptions to this rule: Child adopted, unless abandoned by his adoptive parents, an orphan who is entitled to a survivor’s pension, a child who is permanently in a foster family, a child who is in a boarding school funded by the state authorities is entitled to a pension only during a long leave from the boarding school, and a child who is with relatives who do not receive foster care payments for him.
Receiving child support for an abandoned child and his mother
When it comes to a child under the age of 18 who was abandoned by one of his parents, but lives with the other parent and is cared for by him, and the abandoned parent was ordered by a court ruling to pay him child support, permanent or temporary, which he does not pay – then this child is entitled to a child support allowance from the National Insurance Institute, and in certain circumstances – also his mother.
Reality shows that the abandoning parent is usually the father, while the mother continues to care for their common child. Therefore, most claims for child support for an abandoned child are usually filed by the mother, and therefore, for reasons of convenience, this article will mainly refer to this case below. However, it should be remembered that the law also applies to the opposite case..
Is the mother also entitled to receive a pension? Foods , and this is to the extent that she has also been ordered to pay child support that is not being paid by the debtor, and subject to the other terms of the law.
Eligibility conditions for receiving alimony
The conditions for eligibility to receive alimony are as detailed below:
- The male debtor was a resident of the country at the time the alimony judgment was made, or was a resident of the country for 24 of the 48 months prior to the judgment being made.
- The woman is a resident of the country.
- The woman no longer lives with the debtor.
- The woman passed an income test.
- A woman who is married to the debtor and has a child with her – whether the alimony ruling is given in her favor, whether it is given in favor of the child only, or whether it is given in favor of both.
- A woman who is not married to the debtor and who has a child with her – if the judgment is given in favor of the child only.
- A woman who is married to the debtor and has no child with him – if she is unable to support herself or is 60 years old or older.
- A child who is not also with his mother – if the judgment is given solely in his favor, and his maintenance is not primarily at the expense of the state treasury or a local authority.
- A child who is with his father – the father will receive the payment of child support for the child, in accordance with the child support judgment in which the mother was ordered to pay child support.
The amount of the allowance is the amount determined in the alimony judgment, or the amount determined in the National Insurance Regulations – whichever is lower.
The National Insurance Institute pays the amount of the allowance, and at the same time collects the payment from the debtor. If the alimony award is higher than the amount stated in the National Insurance Institute regulations, the Institute will pay the difference only after collecting the payment from the debtor.
Likewise, it is not possible to receive alimony payments from the National Insurance Institute at the same time as taking enforcement proceedings, unless the enforcement proceedings are for the purpose of collecting the arrears from the debtor.
How can I receive alimony?
An application form for payment according to the Alimony Law must be submitted at the branch of the National Insurance Institute closest to the place of residence.
The following documents must be attached to the application form:
- ID card.
- Two copies of the judgment subject to the debt.
- Working woman – attach three latest payslips.
- A woman who is not working but has income – will provide documents to that effect.
- If an enforcement case has been opened regarding alimony – proof that the case has been closed.
- If the application is submitted by a child who is not also in the custody of his mother, a guardianship order will be issued which states that the guardian is the claimant for child support.
- Confirmation from the bank proving that the applicant for alimony is also the owner of the account in which she wishes to receive the alimony payments.
- Confirmation from the bank regarding savings, deposits, and a current printout of the checking account.
The decision of the National Insurance Institute regarding the application for alimony may be appealed to the Regional Labor Court, within 12 months from the date of the decision. The decision of the Regional Court may be appealed to the National Court.
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