Child Support – How Is It Calculated According to Court Rulings?

Introduction

The issue of child support concerns parents in Israel every day. Child support is a central topic in divorce and family proceedings whenever children are involved. It is not merely a transfer of money, but a guarantee of children's wellbeing and a response to all their needs — food, housing, education, health, leisure — even after the family unit has dissolved.

In the past, Israeli law placed the obligation of child support almost exclusively on the father, regardless of his income relative to the mother's or the time the children spent with him. However, in 2017 a revolution occurred following the Supreme Court ruling in case 919/15.

This ruling established a new standard of equality between parents with regard to child support for children aged 6 to 15. Unlike the old system, the new law requires courts to examine the financial capabilities of both parents and the actual division of custody time, aiming to reach a result that reflects modern family reality.

This article provides a comprehensive overview of child support calculation in the era following the 919/15 ruling.

What is child support?

Child support is a monthly payment made by parents to cover children's needs, designed to ensure the child's standard of living and basic necessities.

The support package includes two types of needs:

1. Essential needs — food, basic clothing, compulsory education, healthcare, and a proportional share of housing and maintenance costs.
2. Needs under the law of charity — extracurricular activities, leisure, enrichment, gifts, and clothing beyond the basics. These are determined according to the parents' financial capacity.

Who bears the obligation?

Under Israeli law, the obligation is determined first and foremost according to the personal law of the parents. For Jews, up to age 6 the obligation rests absolutely on the father. From age 6 to 15, the obligation is shared between both parents.

Until what age is child support owed?

Under the law, the child support obligation applies:

• Until age 18 or completion of high school — full support (above age 15 it is support under the law of charity, based on both parents' financial capacity).
• During military service (compulsory) or national service — it is customary to reduce support to one third of the amount paid up to age 18.

The 919/15 Ruling and Its Consequences

For years in Israel, the calculation of child support and until what age child support is paid was based on Jewish law, which imposed an absolute obligation on the father to provide for the child's "essential needs," regardless of the mother's income or the time the child spent with him. This created inequality, particularly in shared custody cases where the father bore full support payments despite the children spending half their time with him.

The change came with a landmark Supreme Court ruling in 2017, which altered the rules for children aged 6 to 18.

The key changes brought about by the ruling:

1. Abolition of the father's exclusive obligation — For ages 6–15, the support obligation is no longer imposed solely on the father by duty of law, but on both parents under the law of charity.
2. Calculation based on income ratio — The amount of support is now determined according to the ratio between the father's income and the mother's income.
3. Weighting of custody time — Courts examine how many days per week the children spend with each parent. The more equal the custody time, the lower the support burden may be.
4. Shared custody — In cases where incomes are similar and custody time is equal, it is possible that no support will be paid at all, with each parent bearing the children's expenses while in their care, and extraordinary expenses shared equally.

What about children under age 6? No change applies here. For young children, personal law still provides that the father bears an absolute obligation to provide for their needs.

What Happens If Child Support Is Not Paid?

A child support ruling is a binding document; failure to make payments carries sanctions.

The main enforcement tracks:

1. Opening a file with the Enforcement Authority — The entitled parent can open a file with the Enforcement Authority. There is a dedicated department where the Enforcement and Collection Authority acts proactively to collect the debt on behalf of the parent, without requiring constant attorney involvement.
2. Sanctions and orders — The Enforcement Registrar has broad powers to impose restrictions on the debtor, including: Exit ban: An exit ban order can be imposed immediately to prevent asset concealment or flight from obligation. Attachments: Attachment of a bank account, salary, vehicle, or real estate assets. Driver's license restrictions: Restriction on holding or renewing a driver's license. Imprisonment orders: In the case of child support debt, the Enforcement Registrar is authorised to order actual imprisonment of the debtor (for up to 21 days) if it is proven that they have the ability to pay and are wilfully evading it.
3. Payment through the National Insurance Institute: A parent who is not receiving support payments and does not earn above a certain ceiling can approach the National Insurance Institute. The Institute will pay them a monthly support allowance and will independently pursue collection of the debt from the owing parent.

What if there is genuinely no ability to pay? A child support debt is never erased. A parent who has fallen into severe financial hardship must act immediately: Filing a claim for support reduction — Apply to the court and prove a material change in circumstances. Request for an instalment payment order — Apply to the Enforcement Authority to settle past debts.

Important to know: You must not stop paying on your own initiative. Every passing month accumulates interest that can inflate the debt rapidly.

Important Tips

For the Paying Parent

1. Pay on time — Even if you believe the amount is unfair, pay, and then apply to the court for a reduction.

2. Document everything — Keep payment receipts, bank transfers, and proof of payment.

3. If your salary has changed — act immediately. Do not wait. If your salary has decreased, apply immediately for a reduction. The longer you wait, the more debts will accumulate.

For the Receiving Parent

1. Ensure enforcement — If the other parent is not paying, do not stay silent. Apply to the Enforcement Authority, request an exit ban.

2. Update the court on changes — If the paying parent's income has increased, or if the children's needs have grown, request an update.

3. Keep records — Document expenses for the children. This will help if a dispute arises.

For Both Parents

1. Try to reach an agreement — An agreement saves time, money, and stress. Try to negotiate fairly, with the help of attorneys or a mediator.

2. Put the children first — Every decision must be made with the children's best interests in mind.

3. Be flexible — Be flexible when there is a genuine need; things change.

Summary

The 919/15 Supreme Court ruling brought about a transformation in child support law in Israel. It replaced the traditional approach with a modern one that strives for equality.

Today, the determination of child support is not arbitrary, but is derived from a norm that balances the child's needs, the financial capacities of both parents, and the actual division of custody time.

If you are dealing with questions relating to child support — seek professional legal advice. Proper preparation and familiarity with the updated law will ensure that your rights and your children's wellbeing are protected in the best possible way.

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