Alimony Lawsuit: How to File and What is Important to Know?

An alimony claim is a proceeding conducted in the Family Court or the Rabbinical Court, aiming to obligate a spouse to make monthly payments for the specific needs of family members. There are several types of alimony – child support, spousal support, and maintenance for other family members. Each type has its unique purpose, the parameters taken into account to calculate the amount, and a different approach to the payment period.

Table of Contents:

• What are alimony payments and who are they intended for?
• Parameters influencing the calculation of child support
• The revolution of FamA 919/15: Child support in joint custody
• Where is it better to file the lawsuit?
• Stages of the alimony claim process
• Can alimony be increased or decreased in the future?
• Enforcement of alimony payments
• The importance of legal representation in an alimony lawsuit

What are alimony payments and who are they intended for?

There are 3 types of alimony: spousal support (wife's alimony), child support, and maintenance for other family members.

Spousal Support:

Upon marriage and the signing of the Ketubah, the groom commits to support his wife and take care of all her needs. Spousal support for the wife is the monthly amount he will pay, starting from the time of separation until the granting of the Gett (divorce decree) itself. In other words, these are funds paid as long as the couple is married.

Child Support:

With the birth of children, parents are obligated to provide for their needs, and if the family unit dissolves, they are still obligated to do so. According to Jewish law, the father is obligated to pay child support, while custody of the children naturally rests with the mother. However, in recent years, in light of the ruling handed down by the Supreme Court (FamA 919/15), this division has changed when it comes to children over the age of 6.

Maintenance for Other Family Members:

There are situations where a person may be obligated to pay maintenance for another family member, meaning not for their children or wife. These are cases where the family member has no other options, on the condition that the payer can indeed afford it financially. The procedure for obtaining maintenance for additional family members is anchored in the Family Law Amendment (Maintenance) Law, according to which close family members, such as grandparents, grandchildren, parents, or adult children, are entitled to demand it.

Child Support vs. Spousal Support: The Core Differences

The main difference between child support and spousal support lies in their purpose as well as the payment period. While child support is intended to provide for the needs of the shared children after the divorce until they reach adulthood, spousal support is paid as long as the couple remains married.

• Purpose of payment - The primary goal of child support is to meet the children's needs, and thus the amount is derived from their actual practical needs and the parents' income. Conversely, spousal support is usually based on personal (religious) law, which stipulates that the husband must support his wife. The purpose here is to allow a wife who was financially dependent on her husband to maintain the standard of living she was accustomed to during her marriage. Therefore, the calculation of spousal support is based on the couple's shared standard of living.

• Source of the obligation - Spousal support is based on a religious obligation, the husband's commitment at the time of marriage to support his wife. Child support is mandated both by law and by personal religious law.

• Method of calculating the payment - Spousal support is based on the standard of living she became accustomed to during her married life. In Jewish law (in Tractate Ketubot), it is stated "she rises with him and does not descend with him," meaning that the wife is entitled to maintain the high standard of living her husband has, but is not obligated to lower her standard of living if his economic situation deteriorates.

  Child support is calculated according to the essential needs of the children (clothing, food, housing-mador) and needs based on charity principles (Din Tzedakah), according to the parents' financial capability. When dealing with children under the age of 6, the father bears the child support payment absolutely. Payment duration - Spousal support ends at the time of divorce, unless otherwise specified in an agreement between the parties. Child support continues after the divorce until the age of 18 (and in some cases beyond).

Parameters Influencing the Calculation of Child Support

How much is paid and until what age child support is paid for children: there are several parameters affecting the calculation of child support, including the child's age, needs, the division of custody times, and the parents' income. In many cases, the choice of whether to file a lawsuit in the Rabbinical Court or the Family Court also influences the amount that will be determined.

Children's needs - Divided into essential needs (food, health, clothing, education, etc.) and non-essential needs (extracurricular activities, for example).

Housing (Mador) - Proportional participation in the children's housing expenses (rent or mortgage). Usually, the amount stands at one-third of the total expense for one child.

Parents' income - The disposable income of each parent after deducting housing costs.

Custody - According to the Supreme Court's ruling, for children over the age of 6 - the more equal the division of custody is, and the smaller the wage gaps are, the more the child support amount will be reduced.

Children's age - Up to the age of 6, the obligation to pay falls solely on the father, and above the age of 6, the charge is divided proportionally.

The decision on the amount of child support can be made jointly by the parties within a divorce agreement, or through a lawsuit in the Family Court or the Rabbinical Court. The choice of a specific instance may also have an impact on the level of child support to be paid.

The Revolution of FamA 919/15: Child Support in Joint Custody

In July 2017, the Supreme Court sparked a true revolution in the way child support is calculated and how custody is divided. The ruling states that for children over the age of 6, the amount of child support will be influenced by the division of custody times between the parents, meaning the burden of support will be shared equally. Until this precedent was published, the entire burden of paying child support was placed on the father, regardless of the wage gaps between the parties or custody times.

The judgment in FamA 919/15 establishes that for a child from the age of 6, parents share child support payments according to the division of custody times and considering their incomes.

The "Jurisdiction Race": Where is it Better to File the Lawsuit?

Two legal systems have the authority to deliberate on matters of divorce, alimony, custody, property division, etc., in Israel - the Family Courts and the Rabbinical Courts.

The procedure dictates that whoever applies first to a specific instance determines where all the issues within the divorce proceedings will be discussed. This is subject to filing a dispute resolution application; whoever submits the application first wins the first right to determine which instance they will turn to. Consequently, a "jurisdiction race" is created between the spouses, in which each side tries to apply first to the court that they believe will favor them. The common opinion is that it is better for a man to litigate in the Rabbinical Court, as it is a judicial instance based on Torah law (which is perceived to favor the male perspective), while it is better for women to turn to the Family Court (which strives for equality).

It is not certain that this assumption is correct, at least as far as an alimony or child support lawsuit is concerned. In many cases, it is precisely the Rabbinical Courts that protect the wife and rule higher support payments for her. This happens while the Family Courts seek to create equality – and reduce the child support amount relative to custody times.

When is it actually advisable for a man to turn to the Rabbinical Court and for a woman to the Family Court? According to the rulings emerging from these two instances, a man has an advantage in the Rabbinical Court when it comes to property division in divorce. Mostly, the Rabbinical Court will decide based on the form of asset registration, whereas in the Family Court, the division of property will be done equally.

Stages of the Alimony Claim Process: From Filing the Application to the Judgment

During the proceeding, the judge or dayand (rabbinical judge) will decide what the monthly payment amount will be. The process begins with filing a claim detailing the children's needs and the parents' income, followed by a hearing and a judgment. Throughout the procedure, one can also claim temporary alimony, which will be paid for the children until the court's final ruling.

Opening a Dispute Resolution Procedure

Starting in 2016, divorcing couples are legally required to submit a dispute resolution application before opening a lawsuit. This applies, of course, assuming they failed to reach understandings within a divorce agreement. The process takes place in the assistance unit next to the court, during which the parties attempt to reach understandings through mediation or consensus. From the moment a dispute resolution application is filed, there is a stay of proceedings period that prohibits the parties from turning to various courts with additional lawsuits (usually a period of 45 days).

Evidentiary Hearings and Rendering a Final Judgment

If the dispute resolution process does not succeed, the parties will continue managing the file in the Family Court or the Rabbinical Court. After submitting the statement of claim and the statement of defense, a hearing will be scheduled during which the spouses will testify. As in any conflict, each side will try to maximize their "chances of success."

Following the testimony stage, the court is expected to rule on the procedure, detailing its conclusions and the method by which it calculated the alimony amount. The judgment will establish a monthly amount for payment and will also state until when the support must be paid.

Material Change in Circumstances: Can Alimony be Increased or Decreased in the Future?

Although most judgments become final after a certain period, meaning they can no longer be appealed, when it comes to an alimony or child support lawsuit, it is always possible to request a decrease or increase in the amount if a material change in circumstances has occurred. However, a file will not be easily reopened, and the requesting party must show that a truly unforeseeable change in circumstances has occurred that justifies modifying the amount. Not every case or economic event in a person's life constitutes a material change in circumstances. For example, a person who is fired from their job can find another job, so it is not necessarily a material change. On the other hand, for a person who becomes ill and loses their earning capacity, the court is likely to find this a material change in circumstances.

Enforcement of Alimony Payments: What to Do When the Other Side Does Not Pay?

The primary party harmed by the non-payment of child support is the child. Failure to pay support harms their quality of life and the needs required for them to live and develop. In some cases, the reason for non-payment is an attempt to "take revenge" on the other side, and sometimes it is truly a real financial difficulty (debts or layoffs). Either way, because of the immense harm to the shared child, the law regulates ways and tools to deal with recalcitrant support debtors.

Turning to the Enforcement and Collection Authority

The parent holding a support judgment can open a file at the Enforcement and Collection Authority (Hutzaa Lefoal) against the debtor. This procedure is considered relatively fast, as a support debt is regarded as a priority debt. Within the framework of the enforcement procedure, a series of sanctions can be imposed on the debtor to pressure them into paying the debt. Among the sanctions: foreclosure of salary, foreclosure of bank accounts, foreclosure of assets, a stay of exit order from the country, and more.

Turning to the National Insurance Institute

Another way is to file a claim with the National Insurance Institute (Bituach Leumi). If the claim meets the criteria and is accepted, the institute will pay a monthly support allowance instead of the debtor. Subsequently, the National Insurance Institute will act against the debtor to recover the funds from them.

The Importance of Legal Representation in an Alimony Lawsuit

An alimony lawsuit is not just a question of a monthly sum, but a legal process that requires an exact assessment of the children's needs, parents' income, custody times, the family's standard of living, and the relevant financial documents. A family law attorney can assist as early as the preparation stage for the claim, understanding which instance fits the circumstances of the case, which documents are important to attach, whether there is room to request temporary alimony, and how to present the financial and family picture clearly and on solid ground. Since the judgment may have long-term consequences for both parents and the children, professional representation by an expert alimony lawyer can help in making sounder decisions and avoiding mistakes that could affect the outcome of the proceeding.

Summary

The payment of alimony and child support is one of the central and most complex issues in divorce proceedings, often serving as fertile ground for battles between lawyers and wars between the parties. It must be remembered that although the decision on the level of support is significant and has economic consequences, the ultimate goal is the best interest of the children and ensuring their future.