Alimony, DNA, and Jewish Law

Alimony to the children and to the wife, according to the Jewish law (“Halacha”)

The specific question discussed in this article concerns the situation in which a father requests a DNA test from a child in order to prove that the child is not his. If the child is not his, he will not be bound to pay alimony according to the law.

First I should clarify a very important issue: the Jewish law (“Halacha”) is not the law in effect in the State of Israel! Here, the law is formed by parts of Jewish laws (the minority) and the law known as “Common Law” – as in England. We do not have a written constitution in Israel and the law is based on a very complicated system composed by common laws and basic laws.

The Jewish law will not be effective until after the construction of the Third Temple and the establishment of a very strong rabbinical Jewish entity called the “Sanhedrin”, which seems completely impossible in our days.

According to the Halacha, alimony is mandatory until the child reaches the age of six years old.

According to the Halacha, the wife should receive her Ketuba (marriage certificate/agreement signed on the wedding day establishing how much she should receive in case of divorce). The wife will also receive a monthly amount.

According to this same law, if the husband/father does not pay, he may be severely punished and may even be expelled from the community.

Alimony to the children and to the wife, according to the Israeli law

Alimony is due to the child until they reach the age of 18 years old. Between 18 and 21 years old, the child will be entitled to a reduced alimony (33% of the initial alimony amount). This is a rule applied in most cases, but it is not the legal rule.

The alimony is calculated in a very complicated way and it is usually the husband who pays it. The law in Israel is slowly being modified and it is possible that the husband does not have to pay alimony in case the wife has a higher income than the husband’s.

If the husband does not pay when he is ordered to, he may end up in jail! Not paying is a serious crime. There are several ways of “punishing” the husband, but there are those husbands who still refuse to pay.

In cases where the husband cannot afford to pay due to his economic situation, the National Insurance (“Bituach Leumi”) supplements a big part of the payment until the children reach the age of 18 years old.

Divorce in Israel

The separation of assets may be done by the law court or by the rabbinical court. The divorce (“GET”) may only be granted by the rabbinical court! There is no such thing as “civil” divorce between two Jews, only religious divorce.

Divorce between two Christians may be done by the law court or by the Christian court / religious court. The same rule applies to all other religions.

A Jew and a non-Jew can never marry according to the Jewish law (“Halacha”). There is no “religious act” in this case. A non-Jew cannot marry a Jew; they can only decide to live together, sign an agreement between them, but not marry. In case they were living together, the separation is done only by the law court – there is no need of a religious act.

The DNA test – requested by the father to prove that the child is not his.

DNA tests are extremely rare in Israel. The Supreme Court does not order it and usually prohibits it. The reason is religious. If a woman is married to a man (both Jews), she has an “affair” outside her marriage and from this “affair” a child is born, this child is considered a MAMZER. The meaning of this for the poor child is fatal. The child will only be allowed to marry another MAMZER! Therefore, the courts prefer not to allow these tests! This is called “taking advantage of the doubt”. On the other hand, there are almost no cases of “denial of paternity” in Israel. In these cases, the court usually allows a test to be taken.

Sincerely,
 

Tzvi Szajnbrum, Attorney at Law