Family lawyer – Divorce
Child Support Claim
The duty of parents to take care of their children applies regardless of whether they live together or apart. However, the question of financing the child’s needs, which translates into a periodic payment called child support, often arises in cases of divorce proceedings. In these cases, it often happens that there is a dispute regarding the extent of the financial obligation of one of the spouses to take care of the needs of the joint child and the decision is often brought to the door of the court or tribunal.
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
What is child support?
Child support is an inclusive term that refers to all the financial needs related to the upbringing of a child from birth to adulthood. The law imposes on the child’s parents the duty to take care of his basic needs, which include shelter, food, clothing, education, and professional training and every parent must take care of these basic needs. For information on the source of the legal alimony obligation, you can contact a family lawyer or a divorce lawyer.
Alimony in divorce proceedings
When spouses who have a child(ren) together choose to divorce and live separately, there is a need to ensure that the burden of financing the child’s needs will be regulated so that the child’s needs are adequately met. In some cases, there is an agreement between the parents regarding how to divide the financial burden of raising the joint children, and the agreement can be validated with approval from the family court.
The need for an external determination of the distribution of the economic burden arises in cases of disagreement about this burden. In the case where there is a disagreement, the way to create a regulated mechanism for the payment of alimony is by submitting a child support claim to the family court, when it is desirable to submit it through a lawyer specializing in family matters and divorce.
The court's duty is to rule in favor of the child
Although the claim for child support payments is made by one of the child’s parents, the claimant is essentially the child himself, since he is the one who is entitled to this payment. When examining a claim for child support, the court is instructed to rule so that a payment mechanism is created that benefits the child entitled to support. This obligation also applies when approving an alimony agreement brought before the court by the parents.
Claiming Child Support in Case of Breach of Agreement
When the parents drafted a child support agreement that was approved by the court and that was drafted taking into account the child’s needs, the child can submit a child support claim through one of his parents in the event of a violation of the agreement by the defendant parent or in a case where there is a substantial and significant change in circumstances that justifies the change in the amount of child support stipulated in the agreement between the parents.
The basis for determining the amount of child support in a claim
Determining child support according to personal law (Jewish, Muslim, Christian, Druze, non-religious, etc.) is the starting point in claiming alimony. Insofar as it is a parent who is not liable for child support as a result of his personal status, the alimony obligation will be derived from the Family Law Amendment Law (Alimony). It should be noted that the default for discussing alimony states that the discussion will be held in the family court, however, they can be discussed in a rabbinical court or the religious court to which the parents belong, if there is an agreement between the parents on this.
The amount of child support
Payment of alimony according to personal law applies to the father in a rough and categorical way. This obligation concerns the financing of all necessary needs for the child. The amount of support according to the personal law (regarding the father) is approximately 1,200 NIS, this being a basic amount without additional expenses that apply to him, including special expenses and living expenses known as section expenses.
However, according to the ruling of the Supreme Court, the obligation of alimony in relation to children who have reached the age of 6 is determined based on two parameters – the gap between the father’s income and the mother’s income and the way the children’s stay with both parents is divided. It is advisable to consult with a family lawyer who specializes in divorce matters for more information on the current legal laws in the field.
Family lawyer - quality representation in a child support claim
In order to get the best out of a maintenance claim, while referring to the entirety of the provisions of the law and the latest jurisprudence in this field, professional and high-quality representation is necessary. Mor & Co., a law firm provides quality representation by an experienced divorce attorney both for those who wish to file an alimony/child support claim and for those who defend against it.
Family Attorney
Divorce lawyer in Jerusalem
Child support in the rabbinic court or family court?
The amount of alimony to be determined in a family court or the rabbinical court?
What are section fees?
In Conclusion
Child support consultations with a lawyer
As a sensitive and complex issue, child support is often one of the most contentious issues during divorce proceedings.
It is recommended that a lawyer specializing in family matters and divorce assist in the management of the divorce process.
The family law department at the law firm Mor & Co. is a department with a lot of legal experience. Our firm handles complex family law cases and represents and litigates in court.
As a firm with extensive experience in the legal treatment of divorce cases, we undertake to do our utmost to make our clients aware of our rich experience, maintain and be cautious in all matters related to the legal process, and take care of their interests.
We invite you to contact us at 02-595-3322 or on WhatsApp at 050-811-6181 for legal advice on matters related to alimony and the welfare of the minor.
