Family Lawyer
Child Support for Children Born Out of Wedlock in Israel
Many children in Israel are born outside of marriage. Some are raised by unmarried couples living together as common-law partners, while others are born from casual or short-term relationships.
Regardless of the circumstances, a child’s right to financial support from both parents is not contingent on the parents’ marital status. Under Israeli law, every child is entitled to receive child support, irrespective of whether the parents were married at the time of birth.
The Legal Obligation to Pay Child Support Under Israeli Law
Under Israeli law, the Family Law Amendment (Maintenance) Act, 5719-1959 establishes the obligation to pay child support. Critically, the law defines “child” without reference to the parents’ marital status. This means that a mother may file a child support claim on behalf of her child against the father, regardless of whether the parents were ever married.
The right to child support is not conditioned on the parents’ consent. Because this right belongs to the child — not to the parents — it cannot be waived. Even if the parents have signed an agreement relinquishing child support payments, the father remains legally obligated to pay child support until the child reaches the age prescribed by law.
Under the traditional legal framework (as discussed below, this has since been modified by case law), the father bore primary responsibility for paying child support. He was required to cover the child’s essential needs, including food, clothing, and footwear. In addition, any special expenses arising from a medical condition, disability, or other extraordinary circumstance were also included in the father’s child support obligation.
The traditional rule placing the full financial burden on the father drew significant public criticism and widespread calls for reform. In 2017, the Supreme Court issued a landmark ruling establishing that: Both parents share equal responsibility for supporting their children aged 6–15, with the allocation determined by each parent’s relative financial capacity from all income sources, including employment earnings. Consequently, the father’s share may be reduced in cases of joint physical custody, and where both parents are financially stable, each parent may bear their own proportionate share of child support.
Following the Supreme Court’s decision, the child support framework shifted from sole paternal responsibility to a shared obligation based on the child’s age.
The father retains exclusive responsibility for covering the child’s essential needs until the age of six. From ages 6 to 15, the mother is also required to contribute to expenses beyond the child’s basic necessities. Most parents divide non-essential costs — such as education, extracurricular activities, vacations, and gifts — equally. Under Jewish law, child support after age 15 is classified as a “charitable obligation,” meaning both parents continue providing for the child, but their respective shares are allocated proportionally based on income.
Several factors are considered when determining child support amounts. These include each parent’s income level, the child’s living arrangements, the custody arrangement, and the overall standard of living to which the child is accustomed.
Child support is not contingent on the nature of the parents’ relationship. In the vast majority of cases, even if the child is born out of wedlock, the child is fully entitled to receive support. Israeli courts generally do not grant relief from child support obligations due to financial hardship — a parent facing economic difficulties will still be required to pay. Only in exceptional circumstances, such as when a child refuses to maintain any contact with a parent (known as “contact refusal”), may the court consider reducing or suspending support payments.
Child Support for an Unmarried Mother
When a child is born outside of marriage — whether from a relationship that did not include marriage or even in the absence of any ongoing relationship — the mother may file a child support claim together with a paternity suit. The alleged father must undergo a DNA test (tissue classification test) to determine whether he is the child’s biological father. This test compares the defendant’s DNA with the child’s DNA and provides a reliable determination of biological paternity. If a man refuses to undergo the test, the court may draw an adverse inference against him. Once the court establishes that the defendant is the child’s father, he is required to pay child support in accordance with the law and applicable case law, regardless of the nature of his relationship with the mother and regardless of whether the parents share the same religion.
Despite being a minority position in Jewish law, it deserves to be heard: Rabbi Uziel argues that fathers' moral obligations toward his son are not absolved by this. According to Rabbi Uziel, the Usha regulation which requires Jewish fathers to support their minor children (Kitevutos, MT9, 2 - "Usha stipulates that a man ought to eat his sons and daughters when they are young") is essentially based on a moral reasoning which indicates that a father cannot shake his body outside of his loins, since this obligation applies to children born out of marriage as well. Additionally, a father has a responsibility to provide for his son's needs and shortages, as this son is indeed attributed to his mother, but this does not break his father's bond of parentage and his moral obligations towards him, and in his words - "after the regulation of Usha whose foundation is moral... and after the Usha regulation turns out to oblige the father who acknowledges his son for human reasons... and these reasons apply even if the sons are not referred to as his sons, but nonetheless they are still his children.
Child Support When the Mother Is Married to Another Man
When there is a concern of mamzerut (illegitimacy under Jewish law) — meaning the child was born while the mother was married to a man other than the biological father — obtaining child support becomes significantly more complex. In such cases, courts are often reluctant to approve a paternity test, as the results could formally establish the child’s status as a mamzer, a designation that carries serious implications under Jewish religious law as applied in the State of Israel.
A paternity test in such circumstances may reveal that the mother’s husband is not the child’s biological father, creating both familial and legal complications. Even if the child is not the biological offspring of the mother’s husband, the court may nonetheless impose the child support obligation on the legal father — that is, the mother’s husband — particularly when it is impossible to establish who the biological father is.
Due to the sensitivity of these cases, Israeli courts exercise considerable caution when a concern of mamzerut arises. The court may, for example, decline to order a DNA test in order to avoid formally establishing the child’s status as a mamzer under Jewish law.
Conclusion
Legal Guidance on Child Support for Children Born Out of Wedlock
Child support for a child born out of wedlock can involve sensitive and legally complex issues. Retaining a family law attorney who specializes in child support and paternity matters is strongly recommended. An experienced lawyer can streamline the legal process, protect the rights of all parties involved, and work toward achieving the best possible outcome efficiently.
The family law department at Mor & Co. Law Firm has extensive experience handling child support cases, including those involving children born outside of marriage. Our attorneys represent clients in complex family law disputes and advocate vigorously on their behalf in court.
With years of dedicated experience in family law, we are committed to providing our clients with the highest level of legal expertise while carefully managing every aspect of the legal process and safeguarding your interests.
Contact us today for a consultation on child support matters:
Phone: 02-595-3322
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