Child support: who is liable, how much, and what sets the figure
There is no standard sum and no formula you feed numbers into. What decides it is the age of the children, the ratio between the parents' incomes, and the actual division of parenting time. All three together, not one of them alone.
"Two parents can earn exactly the same and get an entirely different result, purely because of the child's age and how many nights they sleep in each home. That is not a technicality, it is the axis."
Adv. Ester Efrati · Head of the Family and Inheritance Department
Who bears the obligation
Child support is the child's right, not the right of the parent who receives it. Two consequences follow, and they surprise many parents: a parent cannot waive it on the child's behalf, and an agreement that cancels it does not prevent the court from re-examining the matter.
The source of the obligation in Israel is not uniform across the population. The Family Law Amendment (Maintenance) Law provides that a person is liable for their children's maintenance according to the personal law that applies to them, and where no personal law applies, civil law governs. Two families in identical financial circumstances can therefore be subject to different rules.
For those to whom Jewish law applies, the division between the parents is not the same at every age, and that is where every case begins. The next section sets it out.
An important note: the obligation applies equally where the parents were never married. See support for a child born outside marriage.
The age brackets
This division explains, more than anything else, why two similar cases produce different results.
- From birth to age six. For those to whom Jewish law applies, the father bears the child's essential needs as an independent obligation, regardless of the mother's income. BAM 919/15 did not change this bracket, and that is a very common misunderstanding.
- From six to fifteen. Here the 2017 ruling applies: both parents are liable, and the division between them follows the ratio of their incomes and the actual extent of parenting time.
- From fifteen to eighteen. The obligation rests on the principle of charity, and it is examined by the financial ability of both parents and by the child's needs.
- Over eighteen and during service. There is no automatic obligation. During regular military service a reduced sum is customarily ordered, and an exceptional obligation is sometimes set in circumstances such as disability or studies.
The practical meaning: a child passing the age of six changes the financial picture for both parents, even if nothing else has changed.
What BAM 919/15 changed
In July 2017 the Supreme Court held in BAM 919/15 that for children aged six to fifteen both parents are liable for maintenance, and that the division between them follows the ratio of their incomes and the actual extent of parenting time.
Until then the father bore the obligation almost alone, even where the children spent half their time with him. The result was what became known as double maintenance: he funded the children's costs while they were with him, and at the same time paid the full sum to the mother.
What the ruling did in practice was turn the division of time into a financial figure. From that moment, any change to the weekly schedule changes the calculation too, and neither can seriously be settled without the other.
Two clarifications worth getting right. First, the ruling does not hold that shared custody means no maintenance. Where there is a significant income gap, the higher-earning parent will be liable even on an equal division of time. Second, the ruling applies to ages six to fifteen only.
What the figure is made of
The sum ordered is not a single number but a set of components, each fixed differently. That is why comparing cases is almost always misleading.
- Essential needs: food, clothing and footwear, hygiene products, basic equipment. This is the fixed component.
- Housing and its upkeep: a share of the housing costs of the parent the children live with, alongside a share of household expenses. The practice is to derive a percentage by the number of children, adjusted to the circumstances.
- Education: the framework, after-school care, school equipment, trips.
- Health: what the health basket does not cover, dental treatment, assessments.
- Exceptional expenses: non-routine medical care, therapy, unusual activities. These are divided separately, usually by the income ratio.
Two observations from practice: the housing component is usually the largest and therefore the most contested, and exceptional expenses are the most common source of repeat litigation where they were not clearly defined in advance.
How it is calculated
The court needs three figures, in this order: the extent of the children's needs, the ratio between the parents' incomes, and the ratio of parenting time each parent has.
The logic is essentially simple. First, what it actually costs to raise the children. Then, what share of that cost falls on each parent according to their financial ability. Finally, each parent is credited with what they already spend directly while the children are with them. The difference is what passes from one parent to the other.
That also explains why an equal division of time does not cancel maintenance: if the incomes are unequal, the share falling on each parent is unequal, and the difference remains.
For an initial sense of the order of magnitude you can use the firm's child support calculator. It is worth saying plainly: a calculator gives a range, not a result. The court exercises discretion, and the circumstances of each case change the picture.
What counts as income
This is where most of the argument actually happens, because the income ratio moves the figure more than anything else.
- Net salary rather than gross, evidenced by payslips rather than by assertion.
- Business or self-employment income, by the accounts rather than by what was drawn.
- Additional income: rent, interest, dividends, allowances.
- The value of benefits: a company car, a phone, expense reimbursements that are in substance additional pay.
- Earning capacity. A parent who reduced their income close to the proceeding, or who is not working without justification, may be assessed on what they could have earned.
Two practical points. First, a deliberate reduction in salary shortly before filing is almost always noticed, and it damages credibility across the whole case. Second, where one side is self-employed it is worth requesting documents early rather than waiting for disclosure at a later stage.
Orders made before 2017
This is one of the questions we are asked most: whether someone whose maintenance was fixed before the ruling can now apply to reduce it.
The careful answer is that there is no shortcut. The approach that has taken hold is that the ruling in itself is not a material change of circumstances justifying the reopening of a final judgment. A further factual change is required: in the children's ages, in the actual division of time, in incomes, or in needs.
That said, there is no complete uniformity. The family courts have divided on the question, and no binding appellate determination has yet been given. Each case is therefore examined on its own facts, and no conclusion can be drawn from the outcome in one case as to another.
What can be said clearly: an application resting on the ruling alone is weak, and one resting on a documented factual change is considerably stronger. More on the page increasing or reducing support.
How to prepare
Most of what affects the outcome is settled before filing rather than in the courtroom.
- Assemble the financial picture: the last twelve payslips, annual accounts if there is self-employment, bank statements, additional income.
- Document the actual division of time over a period of months. It is a financial figure, not just a calendar.
- Compile the children's expenses in detail: framework, activities, health, clothing. A list backed by documents is worth more than an estimate.
- Separate the fixed from the exceptional at the drafting stage, so that you are not back in court over every dental treatment.
- Set an updating mechanism in advance: what happens when a child passes six, when incomes change, when the arrangement changes.
And finally the route. A claim concerning children requires an application for dispute resolution first. See child support claim and application for dispute resolution.
In summary
Child support is not a number taken from a table. It is the product of three figures that change over time: the children's ages, the ratio of incomes, and the actual division of time.
Two things are worth taking from this. First, age six is a genuine watershed rather than a technicality. Second, parenting time and maintenance are two faces of the same decision, and neither can be settled seriously without the other.
If you are approaching a maintenance determination, or your existing arrangement no longer matches reality, contact us to examine the full picture.
To speak with us: Jerusalem 02-5953322 · Tel Aviv 03-3030430 · WhatsApp 050-4411343
What people ask most
How much is child support?
There is no standard sum. The figure follows the extent of the children's needs, the ratio between the parents' incomes and the actual division of parenting time, and it also changes with the child's age. Comparing with someone else's case is almost always misleading, because changing any one of the three figures changes the result.
Does shared custody mean no maintenance?
A common misconception. An equal division of time does not cancel maintenance. If the incomes are unequal, the share falling on each parent is unequal, and the difference remains. Where there is a significant income gap, the higher earner will be liable even on an equal division.
What happens at age six?
It is the watershed. Up to six, for those to whom Jewish law applies, the father bears the essential needs as an independent obligation. From six to fifteen BAM 919/15 applies, and both parents are liable according to the income ratio and parenting time.
Does BAM 919/15 apply to ages zero to six?
No. The ruling concerns ages six to fifteen only. This is one of the most common misunderstandings in the field, and it materially changes the picture for families with young children.
Until what age is maintenance paid?
To eighteen as an ordinary obligation, with the bracket from fifteen resting on the principle of charity and examined by the ability of both parents. During regular military service a reduced sum is customarily ordered, and above eighteen there is no automatic obligation.
What is the housing component?
A share of the housing costs of the parent the children live with, alongside a share of household expenses. The practice is to derive a percentage by the number of children and adjust it to the circumstances. It is usually the largest component of the sum, and therefore the most contested.
What counts as an exceptional expense?
Non-routine costs: medical care outside the health basket, dental treatment, assessments, therapy, and sometimes unusual activities. They are divided separately from the fixed sum, usually by the income ratio. It is worth defining them expressly in the agreement, otherwise they are the most common source of repeat litigation.
How is my income determined for the calculation?
By net rather than gross salary, from payslips and accounts rather than assertions, plus additional income such as rent or allowances and the value of benefits such as a company car. A parent who reduced their income close to the proceeding may be assessed on their earning capacity.
Can maintenance be waived in an agreement?
Maintenance is the child's right rather than the parent's, so a waiver does not prevent the court re-examining it. A detailed division of expenses can and should be set out, but there is no certainty that an arrangement cancelling maintenance will stand.
My maintenance was fixed before 2017. Can it be reduced?
Not on the strength of the ruling alone. The approach that has taken hold is that the ruling in itself is not a material change of circumstances, and a further factual change is required: in the children's ages, the division of time, incomes or needs. There is no complete uniformity, and each case is examined on its own facts.
Does the calculator on the site give the exact figure?
No, and it does not claim to. It gives an initial range based on the figures you enter. The court exercises discretion, and the circumstances of the case change the picture.
What should I gather before applying?
The last twelve payslips, annual accounts if there is self-employment, bank statements, additional income, documentation of the actual division of time over months, and a documented list of the children's expenses. Documents are worth more than estimates.
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A short assessment call with a lawyer from the department, in which we will go over the children's ages, the income ratio and the actual division of time, and identify what to gather before filing.