Family Lawyers
Increasing or Reducing Child Support in Israel
Child support payments are designed to meet the needs of children and ensure their well-being, but they also carry significant financial implications for both parents. One of the most common questions that arises in family law is whether it is possible to increase or reduce child support once the amount has been determined. This article explains the legal framework for modifying child support in Israel, including the grounds for adjustment and recent developments in the law.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
How Is Child Support Determined in Israel?
The issue of child support, like other divorce-related matters, is resolved in one of two ways: through a mutual divorce agreement or through a child support claim filed in family court. The preferred approach is for both parents to reach a consensual arrangement, which is then formalized in a child support agreement or a comprehensive divorce agreement. However, due to the significant financial implications involved, many couples are unable to reach an agreement and must file a child support claim. In such cases, the court decides the matter. Since 2017, Israeli law requires an equitable distribution of child support obligations between both parents.
The court determines the amount of child support based on each parent’s share of custodial time and their respective income ratio, while taking into account the full extent of the children’s needs. A key question that frequently arises is whether the amount of child support can be modified after it has been set. The answer is yes — because any decision concerning the welfare of minors, including child support and custody, is never considered final and is always open to reconsideration. The conditions under which modification is possible are explained below.
Grounds for Increasing or Reducing Child Support
Until the landmark Supreme Court ruling in Case 919/15, the prevailing rule was that child support could only be modified by proving a material change in circumstances. This rule continues to apply to child support orders issued after the Supreme Court’s decision, which established a more equitable distribution of child support obligations between parents. Under the current framework, each parent’s share of child support is determined according to the income ratio between the parties. If this ratio changes significantly — due to a deterioration or improvement in either parent’s financial situation — there may be grounds to petition the court for an increase or reduction in child support. One notable development in this area has been the reduction of child support in joint custody arrangements. However, such reductions have historically been left to the discretion of the presiding judge based on the specific circumstances of each case. In addition, even in shared custody situations, the reduction was not automatic and depended on the court’s assessment of the children’s actual needs.
A critical question remains regarding child support orders that were issued before the 2017 reform. Under the current equal-burden framework, the amounts fathers are required to pay are generally lower. However, prior to July 2017, child support obligations fell primarily on the father, and the amounts imposed were often significantly higher. The question is whether fathers who were subject to pre-reform orders can now seek a reduction based solely on the change in law, or whether they must still demonstrate a substantial change in personal circumstances to justify a modification.
Substantial Change in Circumstances
Since the Supreme Court ruling, numerous lawsuits have been filed by fathers seeking to reduce their child support payments based on the new legal framework. These petitioners do not necessarily present a substantial change in their personal circumstances. Instead, they argue that because the law now requires equality in the child support burden between parents, the mother should bear a proportional share of the obligation — and therefore their payments should be reduced. Family court opinions on this issue are divided. For example, Judge Obad Elias ruled in Case 4542-03-16 that any father may request the reopening of a child support order solely on the basis of the new law, without the need to prove a change in personal circumstances.
What Constitutes a Material Change of Circumstances?
On the other hand, Justice Nitzan Silman (Case 18283-1017) held that the requirement to demonstrate changed circumstances should not be entirely abandoned but rather eased. Another approach draws a distinction between child support amounts established through a divorce agreement and those determined through litigation. In the first scenario, courts should be more reluctant to intervene, out of respect for the parties’ original consent regarding the support amount. In the second scenario, where the amount was set through a court proceeding, there is stronger justification for revisiting the child support order in light of the change in law. It is important to note that all of these rulings were issued by family courts and are therefore not binding precedent. Until the Supreme Court addresses this issue directly, the outcome of any particular case will depend largely on the approach of the presiding judge and the specific facts involved.
The question of whether to seek a child support modification is both legally complex and deeply personal. Whether one parent has experienced a significant change in income, the children’s needs have evolved, or the custodial arrangement has shifted, understanding your legal options is essential. If you are concerned that your current child support order no longer reflects your family’s circumstances, we strongly recommend consulting with an experienced family law attorney. Mor & Co. Law Firm has an established family law practice with extensive experience in child support matters, including petitions to increase or reduce child support payments. Our attorneys handle complex divorce and family law cases, providing skilled representation and litigation in family court. We are committed to protecting our clients’ rights and their children’s best interests throughout every stage of the legal process.