Alimony Law (Assurance of Payment): A Comprehensive Legal Guide

The Alimony Law (Assurance of Payment), 5732-1972, is designed to ensure a basic economic standard for women and their entitled children when the debtor (the ex-husband) fails to meet his payment obligations. The law, enacted in 1972, allows a woman entitled to alimony to apply to the National Insurance Institute and receive an alimony allowance, eliminating the need to initiate collection procedures through the Enforcement and Collection Authority. Payment from the National Insurance Institute is contingent upon an income test; a woman earning above a specific threshold will not be eligible to receive the allowance.

Table of Contents:

• Historical Background
• Eligibility Conditions for Receiving Payment from the National Insurance Institute
• Alimony Allowance via the National Insurance Institute
• Submitting the Claim to the National Insurance Institute
• Will the Ex-Husband Pay the Debt?
• Is it Advisable to Turn to the National Insurance Institute for Alimony?

Historical Background

Prior to the enactment of the law, the non-payment of alimony by the ex-husband forced many women to face an exhausting and convoluted bureaucratic process, including filing an alimony lawsuit and opening a file at the Enforcement and Collection Authority (Hutzaa Lefoal). Although these actions can be carried out independently, reality shows that most women are compelled to seek representation from an expert alimony lawyer, and they frequently find themselves without the alimony due to them and lacking the basic ability to provide for their children.

The Alimony Law (Assurance of Payment) seeks to resolve this difficulty through the National Insurance Institute by transferring the responsibility for collection from the woman to the state. Here, the National Insurance Institute (which represents the state) pays the entitled woman the alimony allowance, while concurrently taking direct action to collect the debt amount from the debtor, i.e., the ex-husband.

Today, unpaid alimony (spousal support and/or child support) can be collected via two options: opening a file against the debtor at the Enforcement and Collection Authority or applying to the National Insurance Institute.

Eligibility Conditions for Receiving Payment from the National Insurance Institute

There are several conditions a woman must meet to receive the alimony allowance from the National Insurance Institute. First and foremost, she must possess a valid alimony judgment from the Family Court or the Rabbinical Court. Eligibility is generally for children up to the age of 18.

Another eligibility condition is residency. The mother (or the child) must be a resident of Israel. Notably, if the father is not a resident of Israel, the law still applies to him, provided that the judgment was rendered in Israel according to local law.

A critical eligibility condition is the mother's income test. The National Insurance Institute conditions the payment of the allowance on the woman's income not exceeding a certain threshold. If the woman earns above this amount, she loses her eligibility, and her claim against the National Insurance Institute will be rejected.

Alimony Allowance via the National Insurance Institute

If the claim is accepted, the National Insurance Institute will pay an alimony allowance, but not necessarily the exact sum established in the court judgment. According to the law, the allowance will be the lower of the two amounts: the sum set in the judgment or the maximum limit stipulated in the regulations of the National Insurance Institute. The maximum limit is calculated based on the woman's age, the number of children, her employment status, and the receipt of other benefits.

It is also important to know that if the amount set for payment by the National Insurance Institute is lower than the sum established in the alimony judgment, the woman can open a file at the Enforcement and Collection Authority to collect the difference from the debtor.

Submitting the Claim to the National Insurance Institute

A claim for an alimony allowance is submitted to the National Insurance Institute. The claim can be filed physically at the branch closest to the place of residence or online via the website. The claim must be accompanied by the court judgment regarding the alimony, including a "certified true copy" stamp, income verifications for the last 3 months, and bank account details. Retroactive payments can be received for up to one year prior to the claim submission date.

Will the Ex-Husband Pay the Debt?

From the moment the claim is accepted and the National Insurance Institute begins paying the allowance, it means that the state has stepped into the woman's shoes. The ex-husband's debt becomes a debt to the State of Israel. The National Insurance Institute will take action to collect the debt from the debtor, and for this purpose, it can apply various sanctions (similar to the Enforcement and Collection Authority), such as issuing a stay of exit order from the country, foreclosure of bank accounts, foreclosure of salary, foreclosure of assets, and more. In exceptional cases, an arrest warrant can also be issued against the debtor.

The alimony debt at the National Insurance Institute accumulates indexation differentials and interest, so the debtor may find the debt swelling rapidly if it is not paid on time.

Is it Advisable to Turn to the National Insurance Institute for Alimony?

The answer to this depends heavily on the financial situation of the woman (the creditor). If the woman's financial status is high, she might not be entitled to the allowance at all. This is also part of the criticism directed at the law, claiming that it might encourage women not to work or not to increase their salaries in order to remain eligible for the allowance.

When is it actually advisable to turn to the National Insurance Institute? Essentially, if the debtor fails to pay at all, a claim against the National Insurance Institute can guarantee a stable monthly income, even if the debtor has not paid what is required. This is also true when the debtor "disappears" or lacks the capacity to pay, making a request to the National Insurance Institute the only way the creditor can receive any payment.

Summary

The objective of the Alimony Law is to ensure that children do not become hostages in the economic conflict between their divorced parents. However, there are several limitations in the law that must be considered before deciding to take action: the sums paid are low relative to the cost of living in Israel, and the mother's income must be low to qualify. This is not always the best move, and it is recommended to consult a recommended lawyer prior to submitting the claim.