Alimony: How Much, When, Where, for Whom and How to Claim it

Most of the rules in this article are valid for couples married according to the Jewish religion (“Ka Dat Ve Ka Din”) and not for mixed couples who are not actually considered as married by the Jewish law.

All these laws and rules are valid only in cases (the majority) where there is not an extra-matrimonial agreement (before or after the wedding or the divorce). Any agreement made between the couple will be observed except for those agreements in which parents agree on behalf of their minor children. Minors can file claims for alimony against their parents even without their authorization or consent.

The Four Kinds of Alimony

There are four kinds of alimony in Israel: alimony to the wife, alimony to family members, alimony by the will, and alimony to children (minors)—the Israeli equivalent of American child support. In this article, we will deal only with the alimony to minors. However, first let`s have a brief explanation on the alimony to family members.

Alimony to Family Members

Unfortunately, this type of legal claim is common nowadays in family courts in Israel.

With advancements in technology and medicine, people live longer. The meaning of this in our situation is simple: parents get older and dependent on their children for more years! Children are not always able, or desire, to care for their aging parents at home, and therefore we find the "old people`s homes" packed with people. At home, or in an old people`s home, parents who cannot support themselves may request that their children support them.

There are cases where siblings cannot reach a financial agreement and perhaps one or more of them refuses to help in supporting the elderly parents (this also applies to supporting a mentally ill sibling). In this case, the one who is paying may (should) sue the other one to receive their share.

This kind of alimony is not for parents only!

Alimony to Minors: When and Who?

Minors are those who have not yet reached the age of 18; however, between the age of 18 and until the end of army service, such "minors" will still receive alimony (usually 1/3 of the stipulated amount).

Such alimony may start to be paid or requested at the moment when the parent leaves the house or on any other moment, depending on the case. There is a procedure for requesting a temporary alimony.

The legal term used is not "child", but rather "minor". A man has sexual relations with a woman and, as a consequence, the woman gives birth to a child but "the father" suspects that he is not the father to this child. In this case, the father can ask the court for a DNA test in order to verify the paternity.

In November, 2008 a new law came into effect establishing when and how the family court shall order this kind of test. If the child`s mother was registered in the Ministry of Internal Affairs as "married" 300 days before the child was born, the court will not grant the test for it fears that the child will be considered as “Mamzer”!

Alimony to Minors: Where?

In order to clarify this question it is necessary to explain first of all that the laws are being changed and that the rules are not strict. There are rules and exceptions to rules, but here I will limit myself to rules only.

The family court (“Beit Mishpat Le Inianei Mishpacha”) is very different from the rabbinical court (“Beit Din Rabani”) in all aspects.

Usually, the rabbinical court determines an alimony lower than the family court (the motives are religious and technical). Therefore, the father prefers to file the lawsuit in the rabbinical court and not in the family court (please remember that these are the general rules and that there are numerous cases in which it would be better for the father in the family court).

Alimony to Minors: How Much?

The amount to be paid will be determined after a lot of discussion. Numbers vary greatly and most of the hearings in court will be dedicated to this matter.

The final decision given by the court is not permanent, but rather temporary as, depending on the circumstances, any party may request a change in the amount whenever there are reasons for doing so (e.g., health, financial, etc).

Most important are the minors` needs and not the parents`.

What are the minor children`s expenses that the parent is absolutely bound to pay on their own? To avoid long explanations, I would summarize them as all essential expenses (e.g., food, clothing, and housing) plus specific expenses (e.g., education, medical, etc); however, each case is different.

There are no differences between rich and poor people. Everyone has to pay for the same items; what changes is the amount to be paid.

The minimum amount determined by the family court for every minor nowadays is around 1,200 Shekels per month. From the age of 18 until 20 or 21 years old the amount is reduced to 400 Shekels.

There are two types of income for the purposes of determining the alimony. One of them is the current or true income. This is the income that the parent receives for their work in practice “Be Fo’al”.

The other income is the one that they could be receiving, i.e., the income potential. In order to clarify this question, I will give some practical examples:

• A couple divorces with two children and it was determined that the father must pay 2,400 Shekels. His salary was 6,000 Shekels, but he now works only half time (not for health reasons). In this case, the court will not accept any changes in the amount to be paid. It may happen that the father stops working and does not want to work anymore – even so, the amount will not change. The problem and the decision to stop working and not to have income anymore are his own, and must never be put upon the minors.
   
• The father gets married again, but this time he marries a very rich woman. The ex-wife files a claim to raise the alimony and will surely succeed. The rationality behind this rule is quite simple. The father now has more spare money which should be given to the minors.
   
• The father is a successful doctor (is well paid) and decides to go study in a “Yeshiva” (with no salary, of course). In this case, even if the father has no income, he will continue to pay the same amount.
   
• The last example (the most frequent one) is when the father marries again (not necessarily marries; it is enough to have another child). Not even in this case the alimony will automatically be reduced. Each case will be examined individually.

Do not think that an extra 700 Shekels per month that I, as a lawyer can obtain for you (as the mother) is a small amount. Do the math. In 20 years, it will add up to more than 300,000 Shekels for 2 children!

How to Receive Alimony when the Father Doesn`t Want to / Cannot Pay?

In this case, the mother shall immediately file a request at the “Bituach Leumi” office and start another proceeding at the “Otsaa La Foal”. This does not guarantee 100% that the husband will pay, but will at least guarantee a minimum amount (established by law) that the “Bituach Leumi” will pay to you monthly (if nothing goes wrong in the process).

“Bituach Leumi” will pay this amount monthly on the day of the filing of the procedure (important) and until the age of 18 years old (and not 20 or 21). The exceptions to this rule are numerous: the mother has a high income, the mother or the children are not in Israel, death of the child, etc.

The proceeding at “Otsaa La Foal” is not high cost, but the chances of receiving something from your husband if he really does not have any assets, minimum income, etc., will be very small.

While he doesn`t pay the debt (of the alimony), he will not be allowed to leave the country legally, and whatever asset he purchases (that you know about, of course) may be garnished by you. He will also not be able to have money in bank accounts and other financial institutions.

General Observations

You have every right not to be represented by a lawyer in your divorce. The judge will try to convince you otherwise. Even in case you have reached an agreement in court without legal representation, the chances of reopening the case later on are very little and almost nonexistent. Remember this well.

In the rabbinical court, there is representation by “Toen Rabani” which doesn`t have to be a lawyer. In most cases, they are good professionals, but will not be allowed to represent someone in the family court.

The costs of a divorce are usually very high. If you cannot pay, don`t have any income or assets (real estate, cars, etc.), you will be eligible to receive free assistance from the public defenders. Remember well – public!

The agreements between the parents never bind the minors to "accept them". The minors, represented or not by the parents or by the general attorney, can always file requests for increase of alimony, etc. against the parents!

I hope this article is at least a general clear explanation, but please remember that it can never replace a legal opinion specific for your case. These are general rules to clarify basic issues to the Anglo public living in Israel, and not more than that.
 

Sincerely,
 

Tzvi Szajnbrum, Attorney at Law