Is the divorced person not paying child support? Know your options.
Paid divorce bill Alimony for wife and/or children, can be done in two ways: as part of a judgment, which was ruled on in a claim for alimony filed before the Family Court or the Rabbinical Court, or as part of a divorce agreement, which has received the force of a judgment.
At the same time, the phenomenon of divorced men who violate their obligation to pay child support, for one reason or another, is, unfortunately, quite common.
Therefore, the question arises as to what avenues are open to a woman dealing with her ex-husband’s failure to pay alimony, and how she can enforce his obligation to pay this, especially when it is a prolonged violation of the obligation.
In principle, there are two main ways to approach it: contacting the National Insurance Institute or contacting the Enforcement Bureau, as detailed below.
Collection by contacting the National Insurance Institute
In the event that the divorced man does not pay alimony, the woman can apply to the National Insurance Institute, but only if she is eligible for it. That is, only if her salary is not higher than the salary stipulated in the National Insurance regulations for the purpose of receiving alimony, and also if she does not live with the debtor under the same roof.
In such a case, the National Insurance Company pays the woman a monthly payment, and at the same time tries to collect from the divorced man the full amount he was owed, through enforcement proceedings.
The amount that National Insurance pays to the woman is the amount determined in the alimony judgment/agreement. Divorce , or the amount determined in the regulations – whichever is lower.
Regarding the amount that the National Insurance Company collects from the debtor through enforcement proceedings:
If the National Insurance Institute was able to collect from the divorced man the full amount of alimony he was owed, and this amount is greater than the payment that the National Insurance Institute paid to the woman – the woman receives the difference. If the amount is lower – the woman must check her eligibility for income supplement through income support.
If the National Insurance Institute has failed to collect the full amount of alimony owed from the divorced man, the woman may attempt to collect the alimony on her own. To do this, she must obtain “approval to collect the alimony” from the National Insurance Institute.
Collection through enforcement proceedings
Alternatively, the woman can contact the Enforcement Bureau, which will initiate proceedings against the divorced man in order to collect the alimony payments from him.
Currently, there are two tracks for conducting the HOCLAP proceedings against the divorced person:
The usual route – Under this track, the woman manages the alimony file herself or through lawyerand it decides, at its discretion, what procedures should be taken against the debtor.
Food route – As part of this track, which was first opened in 2014, the Hozlap Bureau takes the Hozlap proceedings against the divorced man on its own initiative, with almost no need for the woman’s intervention. A case that was previously handled in the regular track can be transferred to this track and vice versa.
The Enforcement Bureau has the authority to take proceedings to seize the debtor’s assets, including seizing his salary and his share of the apartment, as well as suspending his driver’s license, delaying his departure from the country, and even issuing an arrest warrant against him.
Regarding an order to delay departure from the country, it should be noted that this order can be issued even if no debt has accumulated in the child support case, in the event that this is necessary to prevent the divorced father from evading the payment of child support by fleeing the country.
In any case, this does not mean that the father is necessarily prevented from leaving the country from now on, but rather that he must reach arrangements with the enforcement authority and deposit certain guarantees, such as a bank guarantee, which will ensure the payment of child support.
When a child support case is opened in court, the divorced man’s debt will be updated automatically each month. This debt accrues interest, among the highest in the economy, which is much higher than the interest on exceeding the limit at the bank, for example. If the divorced man pays his wife part of his debt, he must inform the HOCLAF office about this, so that his debt will be reduced accordingly.
The “I defaulted” claim – if the debtor against whom the HOCLF proceedings were initiated has paid the child support payments lawfully, he can defend himself against them using the “I defaulted” claim, and a hearing on this claim will be held.
During the hearing, the divorced person will have to prove the payment was made through invoices and money transfers, and therefore it is recommended not to transfer the alimony payments in cash without receiving approval.
Read more: Temporary relief in divorce proceedings
What procedures can be taken if the divorced person is bankrupt?
If the divorced man is declared bankrupt by the court, the wife must file a claim to receive the debt like the other creditors.
In such a case, the date the alimony debt is incurred is of critical significance in relation to the date the divorcee’s collection order is issued, which is intended to collect all of his assets and divide them among his creditors.
If the divorced man’s alimony debt was incurred before his collection order was issued, this debt will be given priority over his other debts, such that the wife will be able to receive the full amount of the debt before the other creditors..
If the divorced person’s alimony debt was created after his confiscation order was issued, this debt will not be given priority over his other debts.
In such a case, the court will have to decide what amount will be allocated to pay the child support debt from the father’s total assets. To this end, the court must consider both the needs of those entitled to child support payments and the right of the other creditors to repay the debts owed to them, so it is certainly possible that the court will not rule on the full amount of the child support debt owed by the father.
Questions? The divorced person refuses to pay alimony?
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