Collection of child support through the Social Security Institute
Does the father of your children not pay child support?
Unfortunately this is a common scenario,which we have a solution to.
If you have an alimony Ruling and you meet the eligibility conditions, you can receive alimony from the National security Institute.
in what cases are you able to pursue enforcement of a child support judgment
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
An introduction
Child support is a monthly payment that the father is obligated to pay to the mother, for the children’s expenses. The issue of child support comes up in instances of separation, when child support is determined by the parties via an agreement, or by the court. Until the age of 6, the father alone bears the obligation to pay child support. However, from the age of 6 and up, both parents bear the obligation to pay child support. the share of each spouse in the payment of child support is determined by their time spent with the children (in percent) and by their income ratio. Although the payment of alimony is intended to meet the needs of the children, there are quite a few cases where fathers do not pay it and violate their legal and moral duty to their children. In situation like these, the mother has two options for receiving child support: applying to Social Security institute or opening an enforcement case against the father.
Alimony claim - Social Security Institute
In order to allow a basic subsistence for the mother and her children, the Social Security pays the mother the child support in place of the father and then carries out collection actions against him in order to receive the payment from him the amount paid by the Social Security institute to the mother is the amount determined in the alimony judgment or the amount determined in the Social Security regulations, whichever is lower. In the event that the social security institute has succeeded in collecting the full amount of child support determined in the judgment, and the amount is higher than the amount paid by the Social Security to the mother, she will receive the difference. To receive child support payment from Social Security you need to meet the conditions below.
Eligibility conditions
Like any payment made by the National Security Institute, it is conditional on meeting the eligibility conditions set for the matter. These are the conditions of eligibility:
- Judgment : The mother has received a judgment for child support, from the Family or Rabbinical Court.
- Residency : The father is a resident of Israel at the time of the ruling or for at least 24 months out of the 48 months preceding the day of the ruling.
- Income test : The mother’s entitlement to child support is conditional on her level of income from work and other sources, with the income calculation including age and number of children .
Retroactive pay
More than once, quite a bit of time passes before the woman files a child support claim to Social Security institute. Whether because she was unaware of her right or because of the hope that the father would pay the debt. Therefore, a question arises regarding the payments, whether the payment should start from the date of which the claim was filled, or whether payments should be maid retroactively, from when the father stopped paying child support. Currently you can get a retroactive payment of up to a year. to receive retroactive payments. an explicit application must be submitted. otherwise The Social Security Institute will pay the mother the child support only from the date of filing the claim and onwards.
Execution of child support
It is important to know that child support can be collected not only through the National Security Institute, but also through enforcement. Unlike the Social Security Institute, which goes into the father’s shoes and pays the mother the alimony, the enforcement system will transfer payment to the mother only if she has managed to collect it from the father. This is done by taking various actions against him, such as foreclosure of salary, foreclosure of a vehicle, delay in leaving the country and more. In this sense, applying to Social Security is preferable, since as long as the mother meets the eligibility conditions, she will receive payment. On the other hand, if the amount of child support determined in the judgment is higher than the amount determined in the National Insurance regulations, the mother will not receive the full amount of child support. If so, what is the preferred way to collect child support? Each channel has its benefits and for this purpose a consulting an attorney should be a priority. that is due to the changing circumstances of each case and the expert knowledge needed.
In summary, legal support is extremely important
Family law and execution law consultation with a lawyer
When child support is not transferred and paid to the parent who is supposed to receive it, this immediately and severely impacts the ability to support the children.
To better understand the options available to you, including the enforcement of the alimony judgment in execution, including a contempt of court procedure, we strongly recommend that you seek the assistance of an attorney specializing in family matters and divorce.
Our family law department and execution law department at Mor & Co. have experience handling petitions.
Our firm handles complex family law and divorce cases, as well as representation and litigation in court.
As a firm with extensive experience handling family law and divorce cases, we are often required to execute alimony judgments even when our clients were represented by other attorneys.
Our goal is to do our best and provide our clients with our extensive experience while maintaining and being cautious in all matters concerning the legal process and protecting your interests.
Contact us by phone today at 02-595-3322 or via WhatsApp at 050-811-6181 for legal advice regarding matters related to the implementation and enforcement of alimony judgments.
