Child Support Enforcement at the Execution Office

A child support judgment is only the beginning. The real test begins the moment it has to be enforced. While Israeli law and family law have made setting proper child support a priority to ensure children's welfare, reality shows that the distance between the judgment and actually receiving the money is great. When a parent decides to evade their financial obligation to pay child support for their children, as ruled by the court, the Execution Office – the state's enforcement arm – comes into the picture.

Table of contents

• Child support enforcement at the Execution Office - step by step
• Step 1 - Checking whether a child support file can be opened at the Execution Office
• Step 2 - Opening a child support file at the Execution Office
• Step 3 - Choosing the Maintenance Track at the Execution Office
• Step 4 - Using the personal area for child support enforcement
• Step 5 - Delivering a warning and starting proceedings against the debtor
• Step 6 - Collecting child support through the Execution Office
• Step 7 - Handling accumulated child support debt
• Step 8 - Paying child support and settling the debt
• Step 9 - National Insurance child support and the Execution Office
• Step 10 - The debtor's claims regarding payment of the debt
• Step 11 - Closing a child support file at the Execution Office
• More questions about child support enforcement

Child support enforcement at the Execution Office - step by step

The Execution Law gives child support debt a unique status, in recognition of the fact that this is money essential for minor children. As a result, the legislature has given creditors fast enforcement tracks and harsh sanctions when debtors fail to make the payments imposed on them.

Step 1 - Checking whether a child support file can be opened at the Execution Office

Before applying to enforce a child support judgment, it is important to make sure the case actually meets the conditions for opening a file. After all, not every financial dispute between parents can immediately become a file enforced by the Execution Office.

Who may open a child support file?

The right to open a child support file at the Execution Office belongs to the person in whose favor the court judgment was given. Usually, this is the custodial parent who actually raises the children and is entitled to receive child support for them. In certain cases, a child who has reached 18 may also open a file themselves for a debt that accumulated in their favor, in accordance with the conditions set in the judgment.

Which judgment or decision allows a file to be opened?

To open a child support file at the Execution Office, you must present a judgment (or any judicial document) ruling on child support, such as a final child support judgment from the Family Court or the Rabbinical Court, a decision on interim child support, or a divorce agreement/property agreement that has been given the force of a judgment.

Can past accumulated child support debt also be collected?

As a rule, an Execution Office file can be opened for child support payments not paid since the date of the judgment (or the date set for payments to begin). However, if more than two years have passed since the child support debt arose and the creditor parent has not acted to collect it, the law requires special court approval to collect the past debt

Which documents should be prepared?

So that the application to collect child support is not rejected outright, several documents should be prepared in advance:

· The original judgment or decision
· An application form to enforce a child support judgment (an official form of the Enforcement and Collection Authority).
· A detailed calculation sheet of the exact amount of the accumulated debt. · A copy of the applicant's ID card (including the appendix listing the children).
· **Details of the bank account to which the collected funds will be transferred.

Step 2 - Opening a child support file at the Execution Office

The process of opening a child support file at the Execution Office is intended to turn the child support judgment into actual collection on the ground. Today, the Enforcement and Collection Authority allows the procedure to be carried out quickly and efficiently, without having to go to the office in person.

How is the application submitted?

There are two main ways to open a child support file at the Execution Office:

Opening a child support file at the Execution Office online –

By logging in to the personal area of the "Kelim Shluvim" system on the Enforcement and Collection Authority website, you can fill in the details and upload all the documents digitally.

Submission in person/by mail –

The documents can be submitted directly at the reception desk of the Execution Office or sent by registered mail to the relevant office.

Which documents are attached?

To start the process, you must fill in the form for opening a child support file at the Execution Office (Form No. 202 - application to enforce a child support judgment). In the form, you must choose between the regular track (in which the creditors or their lawyers manage collection) and the dedicated Maintenance Track (in which the Execution Office acts against the debtor).

To the form you must attach a copy of the child support judgment or decision, a copy of the creditor parent's ID card (and appendix), an updated debt calculation sheet and proof of the bank account.

What happens after the application is submitted?

Once submission is complete, the application is reviewed by Execution Office clerks. If all the documents are in order, the file will be opened and a warning sent to the debtor. After a waiting period, if the debtor has not paid the debt, enforcement proceedings will begin to collect it.

Step 3 - Choosing the Maintenance Track at the Execution Office

The Execution Law offers two main options for managing collection, the most prominent being the Maintenance Track at the Execution Office (also known simply as the "Maintenance Track"). Essentially, the choice of track will directly affect how involved the creditor parent is in managing the file and how quickly proceedings are taken against the debtor.

What is the Maintenance Track?

The Maintenance Track at the Execution Office is a dedicated procedure established by the state to make it easier for parents seeking to collect child support debts for their children. The goal is active collection by the state. That is, instead of the creditor parent having to submit separate applications for each attachment or sanction, the Execution Office runs queries to locate the debtor's assets and applies sanctions automatically and quickly when payment is not received on time.

What is the difference between the Maintenance Track and the regular track?

In the Maintenance Track, proceedings are managed proactively and automatically by the Execution Office, whereas in the regular track they are managed by the creditor parent or their lawyer.

While in the Maintenance Track there is no need to submit separate applications for the various sanctions, since the system applies them on its own, in the regular track a separate, reasoned application must be submitted for each action.

Another difference concerns legal representation: the regular track is recommended when you are using a private lawyer familiar with complex proceedings, while the Maintenance Track suits those who cannot afford a lawyer, since the system works for them.

How is the file managed in each track?

In the Maintenance Track, at the end of the warning period, the Execution Office system runs automatic checks to locate the debtor's assets. If no payment is received, the system imposes attachments, and later track representatives proactively contact the debtor and summon them for clarification, with the aim of reaching a payment arrangement (subject to the creditor's consent)..

In the regular track, the file remains "dormant" unless the creditor or their lawyers initiate action. If the debtor stops paying child support, you must apply to the Execution Office, request specific attachment orders and wait for the Execution Office registrar's decision.

Step 4 - Using the personal area for child support enforcement

The personal area on the Enforcement and Collection Authority website allows both parties to act and stay updated on the child support file at any time, online. The system, set up in recent years, is intended to prevent unnecessary running around between the various offices and bodies and to allow the parties to manage the proceedings with full transparency from anywhere, at any time.

What actions can be carried out in the personal area?

The personal area serves as a full virtual branch, and a wide range of actions can be carried out through it, such as paying debts or depositing funds into the file, submitting applications and receiving updates on the file, and applying to impose attachments or restrictions (in the regular track).

Through the personal area you can also view decisions and orders issued in the file by the Execution Office registrar and download copies of the various documents.

How can the child support file be tracked?

In the personal area you can check the status of the proceedings in real time (for example – active, proceedings stayed or awaiting the other party's response). You can also track the amount of the debt and see which child support payments have been made.

Step 5 - Delivering a warning and starting proceedings against the debtor

After a child support file has been opened in the Execution Office system, a warning is sent to the debtor about the start of proceedings against them. At this stage, no harsh sanctions are taken against the debtor, and they are given the opportunity to learn of the debt and try to settle it.

How is the warning delivered?

The warning is an official notice from the Execution Office. This document informs the debtor that a child support file has been opened against them and states the amount of the debt.

From the moment of proper service, the debtor has a set window of 21 days to act. They can act in one of these ways: pay the full debt, reach a payment arrangement or file an application on an "I have paid" plea (that is, claim that they have already paid the debt).

What happens if the debtor does not pay?

Once 21 days have passed since the warning was delivered and the debtor has not paid, has not responded and has not filed an objection, collection proceedings can begin. At this stage the system becomes active. In the dedicated Maintenance Track - the Execution Office computer system will automatically start imposing attachments on the debtor's accounts. In the regular track – the creditor or their representative may file applications to impose attachments and sanctions.

Step 6 - Collecting child support through the Execution Office

At the end of the warning period, if the debtor has not paid the debt, the file moves to the most active and significant stage – collecting child support through the Execution Office. The Execution Law considers child support debt to be of the highest importance because of its effect on the lives of minors. Therefore, the system has an aggressive toolbox designed to put pressure on debtors to pay.

What collection proceedings can be taken?

Collection proceedings fall into two main categories – direct attachment of the debtor's money and property, and personal restrictions designed to put targeted pressure on them.

Attachment of money and property

One of the first steps is attachment of a bank account. Another sanction is attachment of salary, which allows a certain amount to be transferred each month from the employee's pay slip to the Execution Office. The system also allows attachment of assets such as a vehicle, real estate and third parties (money or rights owed to the debtor by external bodies such as insurance companies or pension funds).

Restrictions

To collect the debt, various restrictions can be imposed on the debtor, designed to disrupt their daily routine and pressure them to reach an arrangement – for example, a stay-of-exit order, restriction of a driving license, designating the debtor as a "special restricted customer" at the bank, and more.

Additional collection measures

In extreme cases where it is proven that the debtor has the financial ability to pay the debt but is evading doing so, additional collection measures can be used. The most exceptional and extreme of these is an imprisonment order.

Step 7 - Handling accumulated child support debt

Child support files differ from regular debt files in that they create a dynamic debt that renews every month. When the debtor parent fails to pay child support on time, the debt at the Execution Office grows significantly. Proper management of child support debt at the Execution Office requires ongoing monitoring and updating of the system to protect the children's rights.

How is accumulated debt updated?

Each month in which the debtor does not pay the child support amount set in the judgment, the charge is automatically added to the file at the Execution Office. In some cases the increase in the debt must be updated proactively, such as in cases of extraordinary expenses.

Execution Office interest on child support

Execution Office interest is added to any amount not paid on time, and the debt keeps growing. Unlike regular civil debts, interest and linkage differentials on child support debt are calculated under a unique mechanism, to preserve the value of money intended to support the children and to serve as a disincentive for the debtor.

What happens when the debt continues over a long period?

When the debtor does not pay the debt for months or even years, this has implications for both the creditor and the debtor. For the creditor parent and the children, the situation harms their standard of living and financial security, and switching to an alternative track of receiving child support through the National Insurance Institute can be considered (subject to income tests and in accordance with the regulations, to prevent double collection). For the debtor, the longer the debt grows and time passes, the harsher the sanctions against them will become.

Step 8 - Paying child support and settling the debt

The ultimate goal of the system is to ensure that the child support money reaches its destination – the children's welfare. For the debtor, the right way to stop the sanctions is to act proactively to pay child support through the Execution Office.

How is the debt paid?

Child support debt at the Execution Office can be paid in several ways: online payment (in the personal area), payment at the Postal Bank, or through a telephone call center.

Can the debt be paid in installments?

Spreading child support debt at the Execution Office over installments is more complicated than spreading a regular civil debt. As a rule, the Execution Office registrar has no automatic authority to spread child support debt without the creditor parent's consent. However, in exceptional cases where the debtor proves financial hardship and shows that they are making a sincere effort to pay ongoing child support, the registrar may approve some spreading of the past debt only.

Can an arrangement be reached?

The Execution Law encourages compromise, and reaching an arrangement between the parties is usually also the solution that benefits both sides. If an arrangement is signed and the debtor proves that they are complying with it, a joint application can be submitted to suspend or stay proceedings and cancel the attachments and restrictions.

Step 9 - National Insurance child support and the Execution Office

Child support is intended to fund the living costs of the joint children. When the child support awarded cannot be collected and collection proceedings fail, the state provides an alternative social safety net. This is a mechanism designed to ensure that the children are not left without a basic source of support, even when the debtor parent does not pay the debt.

When can you apply to the National Insurance Institute?

A custodial parent who holds a child support judgment may apply to receive child support payments from the National Insurance Institute when the other parent does not pay their debt. The main condition for receiving payment is a valid judgment that has not been paid, along with meeting the income tests and eligibility conditions set by law.

What is the difference between collection through National Insurance and through the Execution Office?

There are differences between the two tracks in the ceiling on the amount received and in the time it takes to receive payment. At the Execution Office, collection is for the full, exact amount set in the judgment, and payment is received only after sanctions that can be realized have been imposed (locating assets or attaching a salary). The ceiling at the National Insurance Institute is set by law and depends on the age and number of children, so the monthly allowance may be lower than the amount awarded (unless the Institute succeeds in collecting the full amount from the debtor through the Execution Office and transfers the difference to the creditor). However, receiving payment through the National Insurance Institute is fast: payment is guaranteed and made every month from the moment the application is approved.

In which cases may each track be relevant?

When the debtor clearly has financial means (regular employment, active bank accounts), it is better to use the Execution Office track. The same applies where the child support set in the judgment is significantly higher than the National Insurance payment ceiling.

Where the debtor has no means at all, or has disappeared or fled the country, it is worth applying to the National Insurance Institute, since collection through the Execution Office is unlikely to yield results. In these cases, applying to the National Insurance Institute secures the children's rights.

Step 10 - The debtor's claims regarding payment of the debt

Although the enforcement system provides powerful tools to collect the debt, the law does not ignore the rights of the debtor parent. There are cases in which a debt file is opened even though the debtor paid what was required directly to the creditor parent, or the parties reached verbal agreements that were not updated in the system. In these cases, the main legal tool available to the debtor is filing an "I have paid" plea regarding child support at the Execution Office.

When can an "I have paid" plea be raised?

The debtor can raise the "I have paid" plea at any stage, but the best time is within 20 days of receiving the warning that the file has been opened. The "I have paid" plea can be raised only regarding payments or events that occurred after the child support judgment was given. That is, the debtor cannot argue that the judgment is wrong, only that they have complied with it and paid what was required of them.

Which documents can prove payment?

The burden of proof in an "I have paid" plea lies entirely on the debtor. Moreover, child support debt is considered sensitive, so Execution Office registrars require a high, unequivocal standard of evidence. Documents that can prove the debtor paid their debt include proof of bank transfers, confirmation of cheque deposits, receipts for payments to third parties (such as after-school care or medical treatment), or an agreement signed by the creditor parent confirming receipt of a certain amount.

How is the plea decided?

An application on an "I have paid" plea opens a kind of small legal proceeding within the Execution Office. Often the application is accompanied by an additional application for a temporary stay of proceedings until a decision is made. After the application is filed, it is forwarded to the creditor parent, who is given the opportunity to respond in writing. A hearing is then held before the Execution Office registrar, who may also summon the parties for examination if necessary. At the end of the proceedings, the registrar gives a decision, which is a binding judicial decision.

Step 11 - Closing a child support file at the Execution Office

Closing a child support file at the Execution Office marks the end of legal proceedings, the cancellation of sanctions and the settlement of the financial obligation. Nevertheless, since child support payments renew every month, closing the file is not necessarily automatic and requires attention to several rules.

When can the file be closed?

There are three main situations in which a child support file at the Execution Office can be closed:

1. The children have reached an age at which they no longer need child support (usually at 18 or after military service).
2. The creditor parent asks to close the file. 3. The original judgment is changed by the Family Court or the Rabbinical Court.

What happens after the debt is paid in full?

In a file in which a past debt was collected (rather than ongoing child support), the restrictions and attachments will be cancelled and the file is expected to be closed. The Execution Office system automatically issues cancellation orders for all active attachments and removes the restrictions imposed on the debtor.

What is important to check before the proceedings end

The creditor parent must make sure that all extraordinary expenses (such as education and medical expenses) have been updated in the file before it is closed, since once the file is closed, they cannot ask to collect the amount retroactively.

The debtor parent must make sure that all attachment orders and restrictions have indeed been removed. It is advisable to issue, through the personal area of the Execution Office system, an official document confirming that the file has been closed, and to keep it in case of future claims.

In which cases can an Execution Office lawyer help?

The Execution Office system provides the public with digital tools and automatic tracks, so that seemingly all actions can be carried out independently. However, the involvement and guidance of a lawyer specializing in debt enforcement law and family law can help and even prevent exhausting legal battles.

The lawyer's experience allows them to analyze the debtor's profile and consider which track is best suited to collecting the debt. Moreover, when the child support debt is substantial or old, the lawyer can help file special applications with the court or the registrar and, in doing so, justify the reasons for the delay in collection and thus prevent the old debt from being erased.

A lawyer specializing in child support collection proceedings knows how to deal with a debtor who does not pay regularly and how to act in different cases to protect the children's rights and obtain child support payments. In certain cases, and as needed, the lawyer can take creative and harsh collection proceedings to get the debtor to pay the debt – for example, obtaining attachment orders on rights in insurance policies or pension funds and seeking severe sanctions such as a stay of exit from the country and imprisonment orders.

Legal representation is also relevant when there is a dispute over the amount of the debt or a wish to reach an arrangement or spread the debt over installments. Negotiation is a delicate art, and unlike the parties, who are driven by emotions arising from the divorce, the lawyer acts in a legal, professional and matter-of-fact way while protecting their client's interests. At the end of the proceedings, the lawyer will make sure the file is closed without errors and without legal "loose ends".

More questions about child support enforcement

Can an Execution Office file be opened for child support that was not paid in the past?

Yes, an Execution Office file can be opened for child support debt that accumulated in the past, but there is a time limit. Under Section 11 of the Family Law Amendment (Maintenance) Law, collection proceedings for child support debt cannot be started if more than two years have passed from the date the debtor was supposed to pay until the date the file was opened (unless special approval was obtained from the court).

How long does it take to open a child support file at the Execution Office?

Opening a child support file at the Execution Office usually takes between 3 and 7 business days from the moment all the documents are submitted. After the file is submitted, a warning is sent to the debtor, and there is a waiting period of 21 days.

Can a salary be attached for child support debt?

Yes, definitely. Attachment of salary for child support debt is one of the strongest collection tools in the law. The Execution Office registrar is authorized to order the attachment of very high percentages of the debtor's salary, and even the entire salary, at their discretion and according to the circumstances of the case.

What happens if the debtor has no income or assets?

Where the debtor has no income or assets, collection proceedings become ineffective, but the debt itself is not erased. The main solution is to apply for child support through the National Insurance Institute. The Institute pays the parent monthly child support (subject to the creditor parent's income tests and up to the ceiling amount). From this point on, the state steps into the creditor's shoes, and the debtor's debt becomes a debt to the state.

Can child support be collected when the debtor is abroad?

Child support can be collected even when the debtor parent is not in Israel, but the process becomes more complex, since the Israeli Enforcement and Collection Authority cannot impose direct attachments on accounts or salaries outside the country's borders. In these cases, collection is carried out through international conventions or by collecting from assets remaining in Israel.

Can a child support file at the Execution Office be cancelled?

A child support file at the Execution Office can be cancelled, but since the money is intended for the children's welfare, a legal ground or consent is required to close it. Closing the file is possible at the request of the creditor parent (for example, following a payment arrangement), when the full debt has been paid and the child support period has ended, or in accordance with a judicial decision ordering it.